State ex rel. Catlino v. Clerk of Common Pleas Court of Cuyahoga County

Ohio Supreme Court February 23, 1967

State ex rel. Catlino v. Clerk of Common Pleas Court of Cuyahoga County, 9 Ohio St. 2d 101 (Ohio 1967)

224 N.E.2d 130; 38 Ohio Op. 2d 255; 1967 Ohio LEXIS 423

Brown, Herbert, Matthias, Neill, Schneider, Taet, Zimmerman

Opinion of the Court

Per Curiam.

To be entitled to a transcript of the proceedings of his original trial at the expense of the state, an accused must either be within rule at the time the request is made or have had a motion for leave to appeal granted. State, ex rel. Vitoratos, v. Yacobucci, Clerk of Courts, 173 Ohio St. 462; State, ex rel. Baines, v. Parrino, Judge, 174 Ohio St. 531; and State, ex rel. Partee, v. McMahon, Judge, 175 Ohio St. 243.

Inasmuch as relator has exhausted his appellate remedies, he has no appeal from his conviction pending and is not entitled to the copies of these records at the expense of the state.

The demurrer is sustained, and the writ is denied.

Writ denied.

Taet, C. J., Zimmerman, Matthias, O’Neill, Herbert, Schneider and Brown, JJ., concur.

Reference

Full Case Name: The State, ex rel. Catlino v. Clerk of Common Pleas Court of Cuyahoga County
Cited By: 18 cases
Status: Published