Ohio Supreme Court, 1984

State ex rel. Ferrell v. Clark

Ohio Supreme Court · Decided October 10, 1984 · Brown, Celebrezze, Holmes, Locher, Sweeney

13 Ohio St. 3d 3; 469 N.E.2d 843; 13 Ohio B. 378; 1984 Ohio LEXIS 1223

Cases that cite this one

34 later published cases cite this decision. The 25 that cite it most often are listed here.

State ex rel. Penland v. Dinkelacker (Slip Opinion) (Ohio 2020)
State v. Francis, 07ca000023 (6-30-2008) (Ohio Ct. App. 2008)
State v. Pressley, Ct2007-0044 (5-19-2008) (Ohio Ct. App. 2008)
State ex rel. Jennings v. Nurre (Ohio 1995)
State ex rel. Jennings v. Nurre (Ohio 1995)
State v. Williams (Ohio Ct. App. 2022)
State ex rel. Conard v. Sezon (Ohio Ct. App. 2021)
State v. Kiinley (Ohio Ct. App. 2018)
State v. Thomas (Ohio Ct. App. 2016)
State v. Hostacky (Ohio Ct. App. 2015)
State v. Pugh (Ohio Ct. App. 2014)
State v. Davis, 08ap-679 (4-7-2009) (Ohio Ct. App. 2009)
State v. Krichbaum, 07 Ma 61 (6-15-2007) (Ohio Ct. App. 2007)
State v. Fuller (Ohio Ct. App. 2007)
State v. Thomas, Unpublished Decision (12-23-2005) (Ohio Ct. App. 2005)
State v. Gholston, Unpublished Decision (7-19-2002) (Ohio Ct. App. 2002)
State v. Skipper, Unpublished Decision (6-10-2002) (Ohio Ct. App. 2002)
State v. Sapp, Unpublished Decision (8-2-2002) (Ohio Ct. App. 2002)
Logue v. Fregiato (Ohio Ct. App. 1999)
State ex rel. Dehler v. Sutula (Ohio 1995)
State ex rel. Dehler v. Sutula (Ohio 1995)
State v. Reese (Ohio Ct. App. 2025)
State ex rel. Stansell v. Cuyahoga Cty. Court of Common Pleas (Ohio Ct. App. 2025)
State v. Timm (Ohio Ct. App. 2024)
State ex rel. Chester v. Doherty (Ohio Ct. App. 2024)

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.

The court of appeals denied the writ, stating, “[a]n adequate remedy at law exists by way of appeal,” without further explanation.

The record before the court of appeals contained no' more than is before this court, namely, a copy of appellee’s entry which contains no findings of fact or conclusions of law.

In State v. Mapson (1982), 1 Ohio St. 3d 217, 218, we held that “* * * R.C. 2953.21 mandates that a judgment denying post-conviction relief include findings of fact and conclusions of law, and that a judgment entry filed without such findings is incomplete and it thus does not commence the running of the period for filing an appeal therefrom.”

In view of this holding, appellee’s order of June 15, 1983 was not a final, appealable order, and appellant did not have a remedy by way of appeal.

Mandamus will lie to compel a court to proceed to final judgment in an action for post-conviction relief. State, ex rel. Turpin, v. Court of Common Pleas (1966), 8 Ohio St. 2d 1 [37 O.O.2d 40].

Accordingly, the judgment of the court of appeals is reversed and the writ is allowed.

Judgment reversed and .writ allowed.

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.