STATE v. TRIBBLE

No. 08 MA 145.

2009 Ohio 2651

State of Ohio, Plaintiff-Appellee, v. James Tribble, Defendant-Appellant.

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

Dated: June 3, 2009.


Attorney(s) appearing for the Case

Attorney Paul J. Gains, Prosecuting Attorney, Attorney Ralph M. Rivera, Assistant Prosecuting Attorney, 21 W. Boardman St., 6th Floor, Youngstown, OH 44503, for Plaintiff-Appellee.

Attorney Damian A. Billak, City Centre One Bldg., 100 Federal Plaza East, Suite 101, Youngstown, OH 44503, for Defendant-Appellant.

Before: Hon. Mary DeGenaro, Hon. Joseph J. Vukovich, Hon. Gene Donofrio.


OPINION

DeGENARO, J.

{¶1} This timely appeal comes for consideration upon the record in the trial court, and the parties' briefs. Appellant, James Tribble, appeals the decision of the Mahoning County Court of Common Pleas that granted appellee State of Ohio's motion for summary judgment in an action for post-conviction relief. On appeal, Tribble argues that the trial court erred by allowing the State to file a response to the petition beyond...

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