STATE EX REL. HUGHES v. CELESTE

No. 92-1035.

67 Ohio St.3d 429 (1993)

THE STATE EX REL. HUGHES, APPELLANT, v. CELESTE, GOVERNOR, APPELLEE.

Supreme Court of Ohio.

Decided September 29, 1993.


Attorney(s) appearing for the Case

Bricker & Eckler, Percy Squire and Wendi R. Huntley; Ricketts & Onda and Martin J. Hughes III, for appellant.

Lee Fisher, Attorney General, and Patrick A. Devine, Assistant Attorney General, for appellee.


MOYER, C.J.

Appellant asserts that R.C. 2961.01 is an unconstitutional encroachment upon the power of the Governor to issue pardons. Because we reverse the decision of the court of appeals on the basis that the Governor failed timely to appeal the original peremptory writ of mandamus, however, we do not reach this issue.

Under R.C. 2505.02, an order is final and appealable if it satisfies each of these three criteria: (1) it affects a substantial right; (2...

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