State ex rel. Smith v. McGettrick

Ohio Supreme Court July 3, 1984

State ex rel. Smith v. McGettrick, 12 Ohio St. 3d 54 (Ohio 1984)

465 N.E.2d 411; 12 Ohio B. 47; 1984 Ohio LEXIS 1162

Brown, Celebrezze, Holmes, Locher, Sweeney

Opinion of the Court

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.

Reference

Full Case Name: The State, ex rel. Smith v. McGettrick, Judge
Cited By: 1 case
Status: Published