State v. Rosemond

Citations

• 2021 Ohio 768

Syllabus

APP.R. 26(B) APPLICATION TO REOPEN DIRECT APPEAL—INEFFECTIVE COUNSEL—POSTRELEASE CONTROL—PROCEDURE/CIVIL: App.R. 26(B)(5) mandated reopening the direct appeal, when the timely filed App.R. 26(B) application for reopening established a genuine issue as to a colorable claim of ineffective appellate counsel in failing to assign as error trial counsel's ineffectiveness concerning the imposition of an unauthorized period of postrelease control. The court of appeals will not exercise its discretion under Civ.R. 11 to strike the App.R. 26(B) application to reopen the direct appeal, when Civ.R. 11's signature requirement was effectively satisfied by the application's amendment with a signed affidavit attesting to the truth of the matters set forth in the application. The court of appeals was not precluded from granting the App.R. 26(B) application to reopen the direct appeal by the applicant's failure to provide with the application the sworn statement required by App.R. 26(B)(2)(d), when App.R. 26(B)(5) mandated reopening the appeal upon the court's determination that the record demonstrated a genuine issue as to appellate counsel's ineffectiveness, and the sworn statement was not an evidentiary tool that was necessary to that determination.