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Did Arguments in Reopened Appeal Inherently Establish Ineffective Counsel in Prior Appeal?
State of Ohio v. Thomas B. Clark, Case Nos. 2024-0401 and 2024-0539
Ninth District Court of Appeals (Medina County)
ISSUES:
- When an appeals court agrees to reconsider a case on the grounds of ineffective assistance of appellate counsel, but the appealing party fails to address in its brief how the legal representation was ineffective, do the arguments raised inherently demonstrate the prior appellate attorney's ineffectiveness because those arguments weren't raised earlier?
- If an appeals court finds reversible error in a reopened appeal, does that satisfy the requirement that the appealing party must demonstrate the prior appellate counsel's ineffectiveness?
State of Ohio v. Thomas B. Clark, Case Nos. 2024-0401 and 2024-0539
Ninth District Court of Appeals (Medina County)
ISSUES:
- When an appeals court agrees to reconsider a case on the grounds of ineffective assistance of appellate counsel, but the appealing party fails to address in its brief how the legal representation was ineffective, do the arguments raised inherently demonstrate the prior appellate attorney's ineffectiveness because those arguments weren't raised earlier?
- If an appeals court finds reversible error in a reopened appeal, does that satisfy the requirement that the appealing party must demonstrate the prior appellate counsel's ineffectiveness?
April 22, 2025