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State v. Austin

Citations

  • 2020 Ohio 26

Syllabus

App.R. 26(B) application for reopening untimely application good cause transfer of prisoner. Application for reopening was denied where applicant failed to establish good cause for the untimely filing. Lack of access to legal materials may not generally establish good cause. Even if a period of time the applicant spent in county jail as a result of a temporary transfer from prison constituted good cause, that does not excuse the delay in filing beyond that period. The application was still untimely when that period of time is subtracted from the total time.

Judges: E.T. Gallagher

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