State v. Fain

Dinkelacker, Judge.

{¶ 1} An application to reopen an appeal must be granted if the applicant establishes “a ‘genuine issue’ as to whether he has a ‘colorable claim’ of ineffective assistance of counsel on appeal.”1 The United States Supreme Court’s decision in Strickland v. Washington2 provides the standard for determining whether the applicant was denied the effective assistance of appellate counsel.3 The applicant must prove that “his counsel [performed] deficiently] [in] failing to raise the issues he now presents and that there was a reasonable probability of success had [counsel]…