Ohio Supreme Court, 1988

State ex rel. Manning v. Montgomery

Ohio Supreme Court · Decided October 19, 1988 · Brown, Douglas, Holmes, Locher, Moyer, Sweeney, Wright

39 Ohio St. 3d 140; 529 N.E.2d 935; 1988 Ohio LEXIS 331

Cases that cite this one

15 later published cases cite this decision.

State v. Clay (Ohio Ct. App. 2018)
State v. Hansbro, Unpublished Decision (6-14-2002) (Ohio Ct. App. 2002)
State v. Halliwell (Ohio Ct. App. 1999)
State v. Wiles (Ohio Ct. App. 1998)
State v. Sklenar (Ohio Ct. App. 1991)
State v. Roberts (Ohio Ct. App. 1991)
State v. Darden (Ohio Ct. App. 1989)
State v. Lewis (Ohio Ct. App. 2024)
State v. Suarez (Ohio Ct. App. 2015)
State v. Jester, Unpublished Decision (7-1-2004) (Ohio Ct. App. 2004)
State v. Houser, Unpublished Decision (12-17-2003) (Ohio Ct. App. 2003)
State v. Wolf, Unpublished Decision (12-13-2002) (Ohio Ct. App. 2002)
State v. Slagter, Unpublished Decision (10-18-2001) (Ohio Ct. App. 2001)
State v. Halliwell, Unpublished Decision (7-29-1999) (Ohio Ct. App. 1999)
State v. Wallen, Unpublished Decision (8-11-1997) (Ohio Ct. App. 1997)

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.

On March 22, 1988, relator-appellant, Paul R. Manning, filed a petition for postconviction relief pursuant to R.C. 2953.21 in the Court of Common Pleas of Wood County. Although that statute requires a prosecutor to respond to a petition for post-conviction relief by answer or motion within ten days after the petition is docketed, or within such further time as the court fixes for good cause shown, R.C. 2953.21(D), no responsive pleading was filed.

In an attempt to compel such a pleading, appellant filed a complaint in mandamus against respondentsappellees Wood County Prosecuting Attorney Betty Montgomery and others in the Court of Appeals for Wood County. That court denied the writ because appellant had not shown the absence of an adequate remedy in the ordinary course of law. More specifically, it found that appellant could request the trial court to rule on his petition without appellee prosecuting attorney’s response.

We agree. Mandamus will not lie where relator has another adequate legal remedy. State, ex rel. Westchester, v. Bacon (1980), 61 Ohio St. 2d 42, 15 O.O. 3d 53, 399 N.E. 2d 81, at paragraph one of the syllabus. Accordingly, the court of appeals’ decision denying the writ of mandamus is affirmed.

Judgment affirmed.

Moyer, C.J., Sweeney, Locher, Holmes, Douglas, Wright and H. Brown, JJ., concur.

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