State v. Wagner

Citations

• 2022 Ohio 801

Syllabus

App.R. 26(B) application for reopening colorable claim of ineffective assistance of appellate counsel competency report not part of record PSI not part of record. There exists a reasonable probability that had appellate counsel presented argument with regard trial counsel's failure to include a competency report and a PSI for the trial court's consideration before sentencing, the result of the appeal may have been different. The applicant has met the first prong of the test applicable to an application for reopening and his appeal is reopened for further review.