State v. Moore, Unpublished Decision (10-20-2005)

OPINION AND JOURNAL ENTRY

{¶ 1} Appellant Brandon Moore has filed an application to reopen his direct appeal pursuant to App.R. 26(B)(5), which states: "An application for reopening shall be granted if there is a genuine issue as to whether the applicant was deprived of the effective assistance of counsel on appeal." Appellant argues that his appellate counsel failed to argue on direct appeal that his statutory speedy trial rights were violated, and that this error constitutes ineffective assistance of appellate counsel.

{¶ 2} A criminal defendant is entitled to effective assistance of…