State v. Branch

Citations

• 2022 Ohio 3910

Syllabus

App.R. 26(B), application to reopen, ineffective assistance of appellate counsel, double jeopardy, postrelease control, timeliness, records, and res judicata. The court denied an App.R. 26(B) application to reopen, arguing that the postrelease control violated double jeopardy because it was untimely. Delays in obtaining records do not provide good cause for untimely filing. Both appellate counsel and the applicant, pro se, had previously raised the issues of double jeopardy. Thus, res judicata also barred the application.