Ohio Supreme Court, 1967

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

Ohio Supreme Court · Decided February 23, 1967 · Brown, Herbert, Matthias, Neill, Schneider, Taet, Zimmerman

9 Ohio St. 2d 101; 224 N.E.2d 130; 38 Ohio Op. 2d 255; 1967 Ohio LEXIS 423

Cases that cite this one

17 later published cases cite this decision.

State v. Hewitt (Ohio Ct. App. 2016)
State v. McGlown (Ohio Ct. App. 2021)
Gassaway v. Muskingum Cty. Common Pleas Court (Ohio Ct. App. 2019)
State ex rel. Murr v. Thierry (Ohio 1987)
State, Ex Rel. Knight v. Tyack (Ohio Ct. App. 1982)
People v. Cross (Mich. Ct. App. 1971)
State ex rel. Lowther v. Court of Common Pleas (Ohio 1967)
State v. Crawford, E-06-050 (5-11-2007) (Ohio Ct. App. 2007)
State ex rel. Copeland v. Judges of the Court (Ohio 1981)
State ex rel. Perdue v. Court of Common Pleas (Ohio 1980)
State ex rel. Clark v. Marshall (Ohio 1980)
State ex rel. Sturgell v. Fais (Ohio 1976)
State v. Sims (Ohio 1971)
State v. Benton (Ohio 1971)
State v. Vires (Ohio Ct. App. 1970)
State v. Henry (Ohio Ct. App. 1968)
State v. Brazell (Ohio Ct. App. 1968)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.