State v. McNeill

In his first proposition of law, McNeill contends that the court of appeals erred by denying his application without considering whether he made colorable claims of ineffective assistance. We disagree.

App.R. 26(B)(2) states in pertinent part, “An application for reopening shall contain * * * (e) Any parts of the record available to the applicant and all supplemental affidavits upon which the applicant relies.” (Emphasis added.) McNeill failed to attach any part of the record to his application. His sole excuse is that, when he filed the application, the record was in the custody of this…