State v. Tharp

Citations

• 2017 Ohio 2750

Syllabus

App.R. 26(B) ineffective assistance of appellate counsel pro se representation colorable claim postrelease control. The scope of App.R. 26(B) is limited to a claim of ineffective assistance of appellate counsel, and a defendant who represents himself on appeal cannot later argue his own ineffectiveness in an application to reopen under App.R. 26(B). Even if appellant's application was not barred by his self-representation, his proposed assignment of error fails on the merits and therefore cannot support a colorable claim of ineffective assistance of counsel on appeal as required under App.R. 26(B)(5). The trial court properly notified appellant of the correct term of postrelease control.