SMITH v. STATE OF OHIO

LESLEY WELLS, District Judge

The Court, having contemporaneously entered its memorandum of opinion and order, hereby dismisses petitioner Scott M. Smith's petition for a writ of habeas corpus. However, the Court certifies, pursuant to 28 U.S.C. § 2253(c), that there is a basis on which to issue a certificate of appealability because reasonable jurists could find debatable the correctness of the Court's procedural ruling, and because Mr. Smith has made a substantial showing of the denial of a constitutional right.See Slack v. McDaniel, 529 U.S. 473, 484 (2000). Specifically, the Court, pursuant to 28 U.S.C. § 2253(c)(1), (2), and (3), issues a certificate of appealability on the following issue:

Could the failure, by Mr. Smith's appellate counsel, to notify him of the court of appeals' judgment, thereby preventing the filing of a timely appeal to the Ohio Supreme Court, constitute constitutionally ineffective assistance of counsel?

IT IS SO ORDERED.