YEE v. ERIE CTY. SHERIFF'S DEPT.

No. 89-1907.

51 Ohio St. 3d 43 (1990)

YEE, APPELLANT, v. ERIE COUNTY SHERIFF'S DEPARTMENT ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 9, 1990.


Attorney(s) appearing for the Case

K. Ronald Bailey & Assoc. Co., L.P.A., and K. Ronald Bailey, for appellant.

Gary A. Lickfelt, assistant prosecuting attorney, for appellee Erie County Sheriff.

Secor, Ide & Callahan and John J. Callahan, for appellee Erie County Court of Common Pleas.


Per Curiam.

Although our reasoning differs from that employed by the court of appeals, we agree with that court that Yee is not entitled to the extraordinary writ of procedendo. We therefore affirm.

I

Believing that the common pleas court had no jurisdiction in Yee's case during the pendency of the state's appeal, the court of appeals refused to order the common pleas court to rule on Yee's motions. This rationale presents us with the question...

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