State ex rel. Brown v. Court of Common Pleas
State ex rel. Brown v. Court of Common Pleas
Opinion of the Court
Respondent contends that it is not required to prepare findings of fact and conclusions of law when it determines that a petition for postconviction relief is without merit and was not supported by affidavits or other evidence and relies on State v. Jackson (1980), 64 Ohio St. 2d 107 [18 O.O.3d 348], and State v. Kapper (1983), 5 Ohio St. 3d 36.
Those cases do not support respondent’s contention. They merely define the conditions under which a court may dispose of a postconviction petition without conducting an evidentiary hearing.
In State v. Mapson (1982), 1 Ohio St. 3d 217, we held that a trial court is required to prepare findings of fact and conclusions of law even upon a summary dismissal of a postconviction petition. Moreover, respondent has not demonstrated any particular facts which would justify departing from
Accordingly, the writ of mandamus is allowed on authority of State v. Mapson, supra.
Writ allowed.
Reference
- Full Case Name
- The State, ex rel. Brown v. Court of Common Pleas of Coshocton County
- Cited By
- 15 cases
- Status
- Published