State ex rel. Taylor v. Glasser

Appellant contends that the denial by the Court of Appeals of the extraordinary writs was in error. His proposition rests upon the following assertions: (1) R. C. 2951.041 is a remedial statute and is applicable, since the proceeding occurred after the effective date of the statutue; (2) a writ of mandamus or, in the alternative, prohibition should be allowed because R. C. 2951.041 imposes a duty upon the trial court to grant a hearing to those who qualify.

R. C. 2951.041(B) provides, in part:

“* * * Where a plea of not guilty is entered, a trial shall precede further consideration of the…