Home/Ohio Supreme Court/State ex rel. Smith v. McGettrick

State ex rel. Smith v. McGettrick

465 N.E.2d 411, 12 Ohio St. 3d 54, 12 Ohio B. 47, 1984 Ohio LEXIS 1162
CourtOhio Supreme Court
DecidedJuly 3, 1984
DocketNo. 83-305
StatusPublished
Cited by1 cases

This text of 465 N.E.2d 411 (State ex rel. Smith v. McGettrick) 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. Smith v. McGettrick, 465 N.E.2d 411, 12 Ohio St. 3d 54, 12 Ohio B. 47, 1984 Ohio LEXIS 1162 (Ohio 1984).

Opinion

Per Curiam.

R.C. 2953.21 through 2953.23 provide no exact timetable for determinations or hearings on petitions seeking postconviction relief pursuant to its provisions. Considering the times for pleading allowed by the statutes, a period of approximately two months between the filing of the petition in the trial court and the filing of this mandamus action is not a sufficient length of time to require the extraordinary remedy of mandamus. See State, ex rel. Lowe, v. Common Pleas Court (1977), 49 Ohio St. 2d 168 [3 O.O.3d 215].

Accordingly, the judgment of the court of appeals is affirmed.

Judgment affirmed.

Celebrezze, C.J., W. Brown, Sweeney, Locher, Holmes, C. Brown and J. P. Celebrezze, JJ., concur.

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Related

State Ex Rel. McDougall v. Corrigan, Unpublished Decision (1-31-2002)
Ohio Court of Appeals, 2002

Cite This Page — Counsel Stack

Bluebook (online)
465 N.E.2d 411, 12 Ohio St. 3d 54, 12 Ohio B. 47, 1984 Ohio LEXIS 1162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-smith-v-mcgettrick-ohio-1984.