State v. Reddick

The court of appeals held that appellant is required to show good cause why he did not file an application to reopen his appellate judgment, even *90though it was journalized over six years before App.R. 26(B) took effect on July 1, 1993. Appellant argues that to apply the good-cause requirement of App.R. 26(B)(2)(b) to him is a denial of due process of law under the Fourteenth Amendment to the Constitution of the United States. We agree with the court of appeals for the following reasons.

App.R. 26(B) took effect on July 1, 1993. Appellant’s application to reopen his appeal was effectively filed…