Lose your appeal? There is still hope!

August 20, 2010
By Robert Alan Brenner on August 20, 2010 10:41 AM |

Besides appealing to the Ohio Supreme Court and/or doing an application for reconsideration in the Court of Appeals, Ohio Appellate Rule 26(B) allows you to file an "application for reopening" your appeal "within ninety days from journalization of the appellate judgment unless the applicant shows good cause for filing at a later time." You argue in the application that your appellate counsel provided ineffective assistance of counsel on appeal when she failed to raise winning arguments (assuming there are any). App. R. 26(B)(5) states that "[a]n 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." Common sense would tell you to carefully read the appellate rules and hire an experienced criminal appeals lawyer. If you decide that is me, contact me by completing the Contact Me form on the Contact Me page.