State ex rel. Graham v. Niemeyer

{¶ 1} This is an appeal from a judgment dismissing a complaint for a writ of procedendo.

{¶ 2} On February 22, 2005, appellant, Nathan Graham, an inmate, filed a complaint in the Court of Appeals for Hancock County. Graham sought a writ of procedendo to compel appellee, Hancock County Court of Common Pleas Judge Joseph H. Niemeyer, to conduct an evidentiary hearing and rule on a new-trial motion in Graham’s criminal case. On March 15, 2005, Judge Niemeyer denied Graham’s motion because it was not timely filed. Judge Niemeyer then answered Graham’s procedendo complaint and moved for summary…