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STATE EX REL. FALKENSTEIN v. FUERST

No. 96187.

2011 Ohio 15

State of Ohio, ex rel. Donald Falkenstein, Relator, v. Judge Nancy Fuerst, et al., Respondents.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: January 5, 2011.

Attorney(s) appearing for the Case

Donald Falkenstein , pro se, Inmate No. 451-824, Richland Correctional Institution, 1001 Olivesburg Road, Mansfield, Ohio 44901, for Relator.

William D. Mason , Cuyahoga County Prosecutor, 8th Floor Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorney for Respondents.

JOURNAL ENTRY AND OPINION

LARRY A. JONES, J.

{¶ 1} Relator, Donald Falkenstein, is the defendant in State v. Falkenstein, Cuyahoga Cty. Court of Common Pleas Case No. CR-434255, which has been assigned to respondent judge. On October 15, 2010, Falkenstein filed a motion to set aside/vacate or in the alternate resentencing of an otherwise void sentence ("motion to vacate"). On December 20, 2010, Falkenstein filed this action in procedendo...

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