Legal Opinion

State ex rel. McKinney v. Schmenk (Slip Opinion)

Ohio Supreme Court

Decided December 27, 2017No. 2017-0643PublishedCited by 51 opinions

1Per curiam

*70 {¶ 1} Appellant, Daniel P. McKinney, appeals the judgment of the Third District Court of Appeals dismissing his petition *872 for a writ of mandamus. For the reasons below, we affirm.

Background

{¶ 2} For purposes of reviewing a decision granting a motion to dismiss, we must accept the following allegations in McKinney's petition as true. See Mitchell v. Lawson Milk Co., 40 Ohio St.3d 190 , 192, 532 N.E.2d 753 (1988).

{¶ 3} In 2004, McKinney was convicted of five counts arising from a single event: robbery, aggravated theft, receiving stolen property, and two counts of failing to comply with a…

2Cases cited8 opinions

  1. Mitchell v. Lawson Milk Co.Ohio Supreme Court · 1988
  2. State v. Williams (Slip Opinion)Ohio Supreme Court · 2016
  3. State ex rel. Ohio Civ. Serv. Emps. Assn. v. State (Slip Opinion)Ohio Supreme Court · 2016
  4. State ex rel. Carnail v. McCormickOhio Supreme Court · 2010
  5. State ex rel. Love v. O'Donnell (Slip Opinion)Ohio Supreme Court · 2017

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3Cited by51 opinions

  1. Smith v. Sheldon (Slip Opinion)Ohio Supreme Court · 2019
  2. State v. Straley (Slip Opinion)Ohio Supreme Court · 2019
  3. State ex rel. Norris v. Wainwright (Slip Opinion)Ohio Supreme Court · 2019
  4. State ex rel. Blachere v. TyackOhio Court of Appeals · 2023
  5. State ex rel. Roush v. Montgomery (Slip Opinion)Ohio Supreme Court · 2019

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