State v. Sweeney

This matter is before the court on the application of Charles Sweeney to reopen his direct appeal. Sweeney’s application was not filed within the appropriate time limit. Under App. R. 26, if a defendant does not ask to reopen his appeal within ninety days from journalization of the appellate judgment, he must show good cause for the late filing. Sweeney contends that his failure to comply with the time limit is excused by his status as an inmate with limited access to research materials and by the fact that he obtained access to a complete copy of his trial transcript only a few months before…