State v. Davenport

Citations

• 2019 Ohio 4156

Syllabus

App.R. 26(B) application to reopen, ineffective assistance of appellate counsel, court costs, timeliness, good cause, reliance on attorney, lack of transcript, R.C. 2947.23, and abuse of discretion. The court denied the App.R. 26(B) application to reopen because it was untimely. Reliance on an attorney and lack of transcript and court papers do not provide good cause for untimely filing. Appellate counsel in the exercise of professional judgment in 2018 could properly eschew arguing that the trial court abused its discretion in imposing court costs. R.C. 2947.23(C) allows a defendant to move to waive court costs at any time.