State ex rel. Manning v. Montgomery

On March 22, 1988, relator-appellant, Paul R. Manning, filed a petition for postconviction relief pursuant to R.C. 2953.21 in the Court of Common Pleas of Wood County. Although that statute requires a prosecutor to respond to a petition for post-conviction relief by answer or motion within ten days after the petition is docketed, or within such further time as the court fixes for good cause shown, R.C. 2953.21(D), no responsive pleading was filed.

In an attempt to compel such a pleading, appellant filed a complaint in mandamus against respondentsappellees Wood County Prosecuting Attorney Betty…