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STATE EX REL. PARKS v. OLIVITO

No. 08 CA 855.

2008 Ohio 4319

State of Ohio, ex rel., James M. Parks, Relator, v. The Honorable Dominick Olivito, Jr., Judge of the Carroll County Court of Common Pleas, Respondent.

Court of Appeals of Ohio, Seventh District, Carroll County.

Dated: August 21, 2008.

Attorney(s) appearing for the Case

James M. Parks, Pro se, #463-038, Trumbull Correctional Institution, P.O. Box 901, Leavittsburg, OH 44430-0901, for Relator.

Donald R. Burns, Prosecuting Attorney, 11 East Main Street, Carrollton, OH 44615, for Respondent.

Before: Hon. Mary DeGenaro, Hon. Joseph J. Vukovich, Hon. Cheryl L. Waite.

OPINION AND JUDGMENT ENTRY

PER CURIAM.

{¶1} This case involves an original action to this court on a petition for a writ of procedendo by Relator and a subsequent motion to dismiss said writ by Respondent. Relator asks us to compel the trial court to either schedule a hearing or rule on two motions which have been pending in the trial court: Relator's April 2, 2004 motion to withdraw his guilty plea and his November 5, 2007, amended/supplemental...

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