Julianne Claydon on Post Conviction Problems with Ohio Appellate Rule 26(B)
Attorney at Law, LLC
Rule 26(B) of the Ohio Rules of Appellate Procedure provides the procedural means for a criminal defendant to raise the issue of ineffective assistance of appellate counsel. The rule obliges a criminal defendant to file an “Application for Reopening” in the Court of Appeals, a collateral post-conviction remedy, instead of raising deficient performance of appellate counsel as an issue in a second direct appeal. To demonstrate the difference, there is no Sixth Amendment right to court appointed representation for an indigent criminal defendant in a Rule 26(B) Application. This note will provide the history of Appellate Rule 26 and explore the representation gap. This note will also detail how the amendment to Appellate Rule 26 falls short in providing defendant-appellants the means by which to seek redress for deficient appellate counsel representation.