State ex rel. Madsen v. Jones

{¶ 1} This is an appeal from a judgment dismissing a petition for a writ of mandamus to compel a judge to conduct an evidentiary hearing on a petition for postconviction relief. We affirm.

{¶ 2} Appellant, Joshua Madsen, was convicted of kidnapping and six counts of rape and was sentenced to prison. On appeal, the convictions and sentence were affirmed. State v. Madsen, Cuyahoga App. No. 82399, 2003-Ohio-5822, 2003 WL 22457002.

{¶ 3} On September 5, 2003, Madsen filed a petition for postconviction relief in the Cuyahoga County Court of Common Pleas. On September 13, 2004, Madsen filed a…