State v. Preston

Citations

• 2022 Ohio 1057

Syllabus

App.R. 26(B) application for reopening, untimely filed application, good cause, delay in mailing by prison mail room, lack of funds, cannot extend good cause for indefinite period of time. The application for reopening has been filed more than ninety days after journalization of the appellate judgment subject to reopening. The appellant has failed to establish good cause for the untimely filing of the application through his claims of delay associated with the prison mailing room and lack of funds to mail the application. Finally, the Ohio Supreme Court has established that good cause cannot excuse the lack of timely filing for an indefinite period of time. Application for reopening is denied.