State v. Pless

This is an appeal from the August 21, 1992 decision of the Lucas County Court of Common Pleas which denied appellant’s petition for post-conviction relief. Appellant’s sole assignment of error is:

“Defendant’s right to due process was violated when the trial court granted plaintiffs motion for summary judgment without giving defendant an opportunity to respond to the motion.”

On July 8, 1992, appellant James Daniel Pless filed a petition for post-conviction relief with the Lucas County Court of Common Pleas. On August 18, 1992, appellee, state of Ohio, filed a motion for summary judgment. The…