Procedendo

 

Franklin County Criminal Law Casebook

Reproduced with permission from:
David L. Strait and the Franklin County Public Defender Office
 

State ex rel. Culgan v. Medina County Court of Common Pleas, 119 Ohio St. 3d 535, 2008-Ohio-4609 – Judgment entry did not set forth the plea or the verdict or the court findings on which convictions were based as required by Crim. R. 32(C). Trial court denied motion for resentencing. Court of appeals denied writs of mandamus and procedendo. Reversed. Writs issued.
 
State v. Staffrey v. D’Apolito, 188 Ohio App. 3d 56, 2010-Ohio-2529 – Defendant convicted in 1996 filed a motion to withdraw his guilty plea and asking for resentencing. Basis was State v. Baker, as the judgment entry did not include the manner of conviction. When the trial court failed to rule after ten months relief was sought in mandamus and procedendo. ¶20: If a court believes it lacks jurisdiction to grant a motion, a litigant is entitled to the courtesy of an entry to that effect, so relief may be sought on appeal. ¶23: If a motion seeks a greater remedy than can be afforded, it does not bar providing what relief is appropriate. ¶26: The respondent’s claim no remedy was due makes it unnecessary to weigh whether ten months was an unreasonable delay. Writ granted in part.
 
State ex rel Rodak v. Betmeski, 104 Ohio App. 3d 345, 2004-Ohio-6567 -- Judge sat on motions pending in a criminal case for four years. The defendant's agreement to some delay did not relieve the court of the obligation to ultimately rule. Peremptory writ of procedendo granted.
 
State ex rel Newman v. Gretick, 155 Ohio App. 3d 696, 2004-Ohio-222 -- While the Rules of Superintendence by themselves do not create rights for litigants, failure to render judgment in a divorce case within the prescribed 90 days, the apparent lack of progress towards that goal and petitioner's medical condition warrant issuance of the writ.
 

Publishing Information

Published by David L. Strait
 
Copyright © Franklin County Public Defender and David L. Strait, 2015
 
Contents may not be duplicated without express permission.

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