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STATE, EX REL. MANNING, v. MONTGOMERY

No. 88-926.

39 Ohio St. 3d 140 (1988)

THE STATE, EX REL. MANNING, APPELLANT, v. MONTGOMERY, PROS. ATTY., ET AL., APPELLEES.

Supreme Court of Ohio.

Decided October 19, 1988.

Attorney(s) appearing for the Case

Paul R. Manning, pro se, for appellant.

Betty D. Montgomery, prosecuting attorney, and Linda F. Holmes, for appellees.

Per Curiam.

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 postconviction 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...

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