State ex rel. Morgan v. Fais (Slip Opinion)

{¶ 1} We affirm the court of appeals’ judgment denying a petition for a writ of procedendo.

{¶ 2} Relator-appellant, David A. Morgan, was convicted of murder in 1986. In April 2014, while incarcerated, he filed in the trial court a motion to vacate his conviction and sentence. When no action was taken on his motion, Morgan filed a petition in procedendo in the Tenth District Court of Appeals on November 5, 2014.

{¶ 3} On November 18, 2014, respondent-appellee, Judge David W. Fais of the Franklin County Court of Common Pleas, denied Morgan’s trial court motion. Judge Fais, through counsel, then…