eBook details
- Title: State Ex Rel Nelson v. Russo
- Author : Ohio Supreme Court
- Release Date : January 28, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Mandamus sought to compel common pleas court judge to enter a judgment on relator's post-conviction relief petition - Court of appeals' denial of writ affirmed. Submitted April 10, 2000 In September 1996, appellant, Carl A. Nelson, Jr., filed a petition for post-conviction relief. In August 1999, Nelson filed a complaint in the Court of Appeals for Cuyahoga County for a writ of mandamus or, alternatively, a writ of procedendo to compel appellee, Cuyahoga County Court of Common Pleas Judge Nancy M. Russo, to enter a judgment on his post-conviction relief petition. Judge Russo filed a motion to dismiss Nelson's action and attached copies of her September 1999 judgment denying Nelson's petition for post-conviction relief and findings of fact and conclusions of law. Without giving Nelson notice, the court of appeals sua sponte converted Judge Russo's motion to a motion for summary judgment, granted it, and denied the writ based on mootness.