In the latest motion, Arrick said the application to reopen Grate s case will be filed March 30. The appointment of counsel for the application to reopen is currently contingent upon this court determining that there is a genuine issue as to whether the applicant was deprived of the effective assistance of counsel on appeal, Arrick said in the motion. There can be no equal justice where the kind of trial a man gets depends on the amount of money he has, Arrick added.
An attorney other than those handling original direct appeals is appointed so claims of ineffective assistance of appellate counsel can be included in the application, said Ashland County Prosecutor Christopher Tunnell.