State ex rel. Hawk v. Athens County

{¶ 1} This is an appeal from a judgment dismissing an inmate’s petition for a writ of mandamus.

{¶ 2} In January 2001, appellant, Gary W. Hawk, was convicted of two counts of rape and sentenced to prison.

{¶ 3} In January 2005, Hawk filed a petition for a writ of mandamus to compel appellee, Athens County, to vacate his sentence. Hawk claimed that his sentence violated the constitutional prohibition against double jeopardy. Hawk’s petition did not include an affidavit containing a description of each civil action or appeal of a civil action he had filed in the previous five years in any state…