State v. Phillips, Unpublished Decision (3-8-2002)
State v. Phillips, Unpublished Decision (3-8-2002)
Opinion of the Court
The application is fatally deficient in several ways. First, App.R. 26 (B) (2) (c) requires that an application contain "[o]ne or more assignments of error or arguments in support of assignments of error that previously were not considered in the, case by any appellate court or that were considered on an incomplete record because of appellate counsel's deficient representation." The application contains no such assignments of error. Without such assignments of error it is not possible to evaluate an application to reopen.
Secondly, App.R. 26 (B) (2) (d) requires a "sworn statement of the basis for the claim that appellate counsel's representation was deficient * * * and the manner in which the deficiency prejudicially affected the outcome of the appeal * * *" The failure to provide the required sworn statement is also sufficient basis to deny the application. In State v.Lechner (1995),
Accordingly, the application is denied.
TIMOTHY E. McMONAGLE, A.J. and TERRENCE O'DONNELL, J. CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.