State v. Griffie

We affirm the decision of the court of appeals.

In his application for reopening, appellant argued that his appellate counsel was ineffective for not arguing that his trial counsel was ineffective for not requesting an instruction on the lesser included offense of assault. However, appellant offers no support for his argument besides the record. App.R. 26(B)(2)(e) states that an application for reopening shall contain “[a]ny parts of the record available to the applicant and all supplemental affidavits upon which the applicant relies.” The record may reveal that trial counsel did not request a…