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STATE EX REL. McKINNEY v. DEFIANCE CTY. COURT OF COMMON PLEAS

No. 2009-0523.

123 Ohio St.3d 153 (2009)

2009-Ohio-4693

THE STATE ex rel. McKINNEY, Appellant, v. DEFIANCE COUNTY COURT OF COMMON PLEAS, Appellee.

Supreme Court of Ohio.

Decided September 16, 2009.

Attorney(s) appearing for the Case

Daniel McKinney, pro se.

Morris J. Murray, Defiance County Prosecuting Attorney, and Russell R. Herman, Assistant Prosecuting Attorney, for appellee.

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Daniel P. McKinney, for a writ of mandamus to compel appellee, Defiance County Court of Common Pleas, to issue findings of fact and conclusions of law on the court's denial of his petition for postconviction relief. Mandamus will not issue to compel an act that has already been performed. State ex rel. Madsen v. Foley Jones,...

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