Public-domain · open source
OpenJurist

72 Ohio St. 3d 374

State v. Lechner

Ohio Supreme Court

Decided June 28, 1995

Ohio Supreme Court · decided 1995-06-28

Key passage — most relied on by later courts

“a sworn statement of the basis for the claim that appellate counsel's representation was deficient with respect to the assignments of error or arguments raised * * * and the manner in which the deficiency prejudicially affected the outcome of the appeal * * *.”

quoted by 8 later decisions, including State v. Davis, 05 Ma 3 (12-27-2007), State v. Franklin

“affidavit required by App.R. 26(B)(2)(d)”

quoted by 1 later decision, including State v. Long

Relies on State v. Reddick

Good law ✅— No negative treatment on recordhow we know

Decided 1995-06-28

How this case has been cited

Cited by 47 later decisions — most recently September 2025 · most notably State v. Franklin (1995), State v. Davie (1996)

45 state decisions

1801995200020102020decided

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.

View the full empirical analysis of this case →

Per Curiam.

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

¶2App. 26(B)(2) states:

“An application for reopening shall contain all of the following:
((
“(c) one or more assignments of error or arguments in support of assignments of error that previously were not considered on the merits in the case by any appellate court or that were considered on an incomplete record because of appellate counsel’s deficient representation;
“(d) a sworn statement of the basis for the claim that appellate counsel’s representation was deficient with respect to the assignments of error or arguments raised pursuant to division (B)(2)(c) of this rule and the manner in which *375the deficiency prejudicially affected the outcome of the appeal, which may include citations to applicable authorities and references to the record.”

¶3The court of appeals found that the sworn statement required by App.R. 26(B)(2)(d) is mandatory. We agree. Moreover, we note that the reason appellant did not include the affidavit required by App.R. 26(B)(2)(d) may be that most of the issues raised in his application to reopen were in fact previously raised in either his direct appeal or in the appeal of the denial of his petition for postconviction relief, thereby precluding compliance with App.R. 26(B)(2)(c) and (d). In State v. Reddick (1995), 72 Ohio St.3d 88, 90-91, 647 N.E.2d 784, 786, we stated that “App.R. 26(B) was [not] intended as an open invitation for persons sentenced to long periods of incarceration to concoct new theories of ineffective assistance of appellate counsel in order to have a new round of appeals.” App.R. 26(B)(2)(c) and (d) should make it obvious that the rule is also not an invitation to raise old issues previously adjudicated. Accordingly, we find appellant’s appeal to be without merit.

¶4Judgment affirmed.

Moyer, C.J., Douglas, Wright, Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., concur.
/72/ohiost3d/374 · .json · Public domain