State v. Herbert

Citations

• 2024 Ohio 2459

Syllabus

CRIMINAL – Appellate Rule 26(B) application overruled where Appellant relies on evidence outside the record and insufficient evidence in the record to demonstrate the alleged deficient performance of appellate counsel. Further, Appellant's failure to include a transcript of the hearing on his request for new trial counsel is fatal to his constitutional challenge as we must presume the regularity of the proceedings in the absence of a transcript.