State ex rel. Freeman v. Court of Common Pleas

Ohio Supreme Court

State ex rel. Freeman v. Court of Common Pleas

262 N.E.2d 880, 24 Ohio St. 2d 31, 53 Ohio Op. 2d 17, 1970 Ohio LEXIS 324

CourtOhio Supreme Court

DecidedSeptember 24, 1970

DocketNo. 70-354

StatusPublished

Cited by1 cases

This text of 262 N.E.2d 880 (State ex rel. Freeman v. Court of Common Pleas) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Freeman v. Court of Common Pleas, 262 N.E.2d 880, 24 Ohio St. 2d 31, 53 Ohio Op. 2d 17, 1970 Ohio LEXIS 324 (Ohio 1970).

Pincite

Opinion

Per Curiam.

By this action in mandamus, relator seeks to compel respondent, Court of Common Pleas of Hamilton County, to hold hearings on his petitions, filed under the Postconviction Eemedy Act, to vacate sentences imposed upon him. The petitions were dismissed by the trial court, without an oral hearing. However, the court made findings of fact and conclusions of law. Eespondent has filed a motion to dismiss relator’s petition.

Eespondent’s motion to dismiss is sustained for the reason that mandamus does not lie to control judicial discretion, and for the further reason that relator has an adequate legal remedy by way of appeal from the trial court’s decision dismissing the petitions.

Petition dismissed.

O’Neill, C. J., Leach, Schneider, Herbert, Duncan, Corrigan and Stern, JJ., concur. Leach, J., of the Tenth Appellate District, sitting for Matthias, J.

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