State v. Houston

We affirm the judgment of the court of appeals for the following reasons.

App.R. 26(B)(2)(b) requires that an application for reopening establish “a showing of good cause for untimely filing if the application is filed more than ninety days after journalization of the appellate judgment.” Appellant’s application to reopen was not filed until nearly one year after journalization of the appellate judgment. Appellant claims that he was denied access to his trial transcript, which allegedly prevented him from discovering his appellate counsel’s deficiencies in a timely manner. However, the basis…