Ohio Supreme Court, 1984

State ex rel. Smith v. McGettrick

Ohio Supreme Court · Decided July 3, 1984 · Brown, Celebrezze, Holmes, Locher, Sweeney

12 Ohio St. 3d 54; 465 N.E.2d 411; 12 Ohio B. 47; 1984 Ohio LEXIS 1162

Cases that cite this one

1 later published case cites this decision.

State Ex Rel. McDougall v. Corrigan, Unpublished Decision (1-31-2002) (Ohio Ct. App. 2002)

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.

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.

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