STATE v. MILANOVICH

No. 74-350.

42 Ohio St. 2d 46 (1975)

THE STATE OF OHIO, APPELLANT, v. MILANOVICH, APPELLEE.

Supreme Court of Ohio.

Decided April 2, 1975.


Attorney(s) appearing for the Case

Mr. Joseph J. Baronzzi, prosecuting attorney, for appellant.

Mr. David W. Fais. for appellee.


STERN, J.

This is a case brought under R. C. 2953.21, Ohio's statutory provision for postconviction determination of constitutional rights. R. C. 2953.21 provides, in part:

"(C) Before granting a hearing the court shall determine whether there are substantive grounds for relief. In making such a determination, the court shall consider, in addition to the petition and supporting affidavits, all the files and records pertaining to the proceedings against the...

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