Legal Opinion

State ex rel. Hayes v. Winkler

Ohio Supreme Court

Decided December 1, 2011No. 2011-1381PublishedCited by 2 opinions

1Per curiam

{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Marcus Hayes, for a writ of mandamus to compel appellee, Hamilton County Court of Common Pleas Judge Ralph Winkler, to issue a judgment on certain postconviction motions in accordance with Civ.R. 58 and App.R. 4(A). Insofar as Hayes sought to compel Judge Winkler to rule on his motions, the judge has already done so. Mandamus will not compel a judge to rule on motions that the judge has already ruled on. State ex rel. Womack v. Marsh, 128 Ohio St.3d 303, 2011-Ohio-229, 943 N.E.2d 1010, ¶ 10. And as for…

2Cases cited2 opinions

  1. State ex rel. Womack v. MarshOhio Supreme Court · 2011
  2. State Ex Rel. McKinney v. Defiance County Court of Common PleasOhio Supreme Court · 2009

3Cited by2 opinions

  1. State ex rel. Ford v. Adm. Judge of Cuyahoga Cty. Court of Common PleasOhio Court of Appeals · 2013
  2. State v. JohnsonOhio Court of Appeals · 2020

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