Legal Opinion

State ex rel. Ashipa v. Kubicki

Ohio Supreme Court

Decided September 19, 2007No. 2007-0597PublishedCited by 6 opinions

1Per curiam

{¶ 1} This is an appeal from a judgment dismissing an action for a writ of procedendo to compel a common pleas court judge to issue findings of fact and conclusions of law. on his denial of a petition for postconviction relief based on untimeliness. Because the judge had no duty to do so, we affirm.

{¶ 2} Appellant, Oludayo Ashipa, filed a petition in the Hamilton County Court of Common Pleas for postconviction relief. Shortly thereafter, appellee, Judge Charles J. Kubicki Jr., denied the petition, holding, “[It] is untimely and, even if it had been timely, raises issues that could have been…

2Cases cited3 opinions

  1. State ex rel. Kimbrough v. GreeneOhio Supreme Court · 2002
  2. State ex re. Kimbrough v. GreeneOhio Supreme Court · 2002
  3. State ex rel. Hach v. Summit County Court of Common PleasOhio Supreme Court · 2004

3Cited by6 opinions

  1. State ex rel. George v. BurnsideOhio Supreme Court · 2008
  2. State v. StricklandOhio Court of Appeals · 2014
  3. State v. HarrisOhio Court of Appeals · 2023
  4. State v. HudsonOhio Court of Appeals · 2017
  5. State ex rel. Howard v. SaffoldOhio Court of Appeals · 2022

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