We affirm the judgment of the court of appeals.
App. 26(B)(2) states:
“An application for reopеning 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 inсomplete record because of appellate cоunsel’s deficient representatiоn;
“(d) a sworn statement of the basis for thе claim that appellate counsel’s representation was deficient with respect to the assignments of error or arguments raised pursuаnt to division (B)(2)(c) of this rule and the manner in whiсh*375 the deficiency prejudicially affected the outcome of the appeal, which may include citations to applicable authorities and references to the record.”
The court of apрeals found that the sworn statement required by App.R. 26(B)(2)(d) is mandatory. We agreе. Moreover, we note that the rеason appellant did not include the affidavit required by App.R. 26(B)(2)(d) may be that most of the issues raised in his appliсation to reopen were in fact previously raised in either his direct appeal or in the apрeal of the denial of his petitiоn for postconviction relief, thereby precluding compliance with App.R. 26(B)(2)(c) and (d). In State v. Reddick (1995),
Judgment affirmed.
