State v. Thompson

Citations

• 2021 Ohio 2926

Syllabus

App.R. 26(B) application for reopening, App.R. 26(B)(2)(b) 90-day period to file timely application, untimely filed, failure to establish good cause for untimely filing of application, App.R. 26(B)(2)(d) – sworn statement that details how applicant was prejudiced by appellate counsel, and App.R. 26(B)(4) – ten-page limitation. The applicant has filed an App.R. 26(B) application for reopening beyond the 90-day period for filing a timely application per App.R. 26(B)(2)(b). The applicant has failed to establish good cause for the untimely filing of the application for reopening. In addition, the application for reopening exceeds the ten-page limitation established by App.R. 26(B)(4). The applicant has failed to contain a sworn statement that sets forth the basis of the claim alleging that appellate counsel's representation was deficient and the manner in which the deficiency prejudiced the outcome of the appeal as required by App.R. 26(B)(2)(d). Application for reopening is denied.