State v. Sims

Citations

• 2021 Ohio 4009

Syllabus

App.R. 26(B) timely application for reopening ineffective assistance of appellate counsel manifest weight argument made in direct appeal res judicata Evid.R. 404(B) other-acts evidence harmless error plain error prejudice ineffective assistance of trial counsel failure to retain or call expert witness cell phone location data speculation. The timely application for reopening was denied where two of three proposed assignments of error raised issues that were addressed in the direct appeal, and the third proposed assignment of error claiming trial counsel was ineffective for failing to retain or call an expert witness to rebut the state's cell phone location data expert was insufficient to demonstrate a genuine issue of appellate counsel's effectiveness.