72 OHIOST3D 372 - State v. Franklin

How this case has been cited

Cited by 25 later decisions — most recently December 2021 · most notably Monzo v. Edwards (2002), State v. Block, 87488 (4-20-2007) (2007)

3 federal appellate · 22 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Per Curiam.

¶1We affirm the judgment of the court of appeals.

¶2On appeal, appellant argues, inter alia, that he did argue good cause for untimely filing in his application to reopen — that he was ignorant of the law and did not know how to proceed. However, in State v. Reddick (1995), 72 Ohio St.3d 88, 91, 647 N.E.2d 784, 786, we held that ignorance of the law is not a sufficient justification for untimely filing.

¶3Appellant also argues that he complied with App.R. 26(B)(2)(d) by attaching an affidavit swearing to the truth of the allegations of his application. However, such an affidavit falls short of the particularity required by the rule. Moreover, as we suggested in State v. Lechner (1995), 72 Ohio St.3d 374, 375, 650 N.E.2d 449, 449-450, one reason for failure to file the required sworn statement may be that many of the claims were in fact considered by an appellate court, thereby precluding compliance with App.R. 26(B)(2)(c) and (d). Accordingly, the judgment of the court of appeals is affirmed.

¶4Judgment affirmed.

Moyer, C.J., Douglas, Wright, Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., concur.