State v. Fraley

Summary

The court held that an appeal reopened under App.R. 26(B), including the reopened appeal after the application is granted, is not a direct appeal for purposes of the postconviction filing deadline. Therefore, filing a trial transcript in support of an application to reopen did not trigger the statutory 365-day deadline applicable to transcripts filed in direct appeals, and the dismissal of Fraley’s petition as untimely was affirmed.