STATE EX REL. LEMONS, III v. KONTOS

No. 2009-T-0053.

2009 Ohio 6518

State of Ohio ex rel. Charles Lemons, III, Relator, v. Judge Peter J. Kontos, Respondent.

Court of Appeals of Ohio, Eleventh District, Trumbull County.

December 11, 2009.


Attorney(s) appearing for the Case

Charles Lemons, III, PID: A563-098, Madison Correctional Institution, P.O. Box 740, London, OH 43140-0740 (Relator).

Dennis Watkins, Trumbull County Prosecutor, and LuWayne Annos, Assistant Prosecutor, Administration Building, Fourth Floor, 160 High Street, N.W., Warren, OH 44481-1092 (For Respondent).


OPINION

MARY JANE TRAPP, P.J.

{¶1} This action in procedendo is presently before this court for final disposition of the motion to dismiss of respondent, Judge Peter J. Kontos of the Trumbull County Court of Common Pleas. As the primary basis for his motion, Judge Kontos asserts that the petition of relator, Charles Lemons, III, fails to state a viable claim for a writ because his own allegations support the conclusion that there exists...

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