Legal Opinion

State Ex Rel. McKinney v. Defiance County Court of Common Pleas

Ohio Supreme Court

Decided September 16, 2009No. 2009-0523PublishedCited by 3 opinions

1Per curiam

{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Daniel P. McKinney, for a writ of mandamus to compel appellee, Defiance County Court of Common Pleas, to issue findings of fact and conclusions of law on the court’s denial of his petition for postconviction relief. Mandamus will not issue to compel an act that has already been performed. State ex rel. Madsen v. Foley Jones, 106 Ohio St.3d 178, 2005-Ohio-4381, 833 N.E.2d 291, ¶ 11. The common pleas court issued the requisite findings of fact and conclusions of law in February 2005. McKinney had an…

2Cases cited2 opinions

  1. State ex rel. Madsen v. JonesOhio Supreme Court · 2005
  2. State ex rel. Halder v. FuerstOhio Supreme Court · 2008

3Cited by3 opinions

  1. State ex rel. Ford v. Adm. Judge of Cuyahoga Cty. Court of Common PleasOhio Court of Appeals · 2013
  2. State ex rel. Hayes v. WinklerOhio Supreme Court · 2011
  3. State v. ScottOhio Court of Appeals · 2025

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