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LUMPKIN v. McNANEY

No. 10-CA-96.

2011 Ohio 196

Troy Lumpkin, ex rel, Relator, v. Erin McNaney, Respondent.

Court of Appeals of Ohio, Fifth District, Licking County.

DATE OF JUDGMENT ENTRY: January 18, 2011.

Attorney(s) appearing for the Case

Troy Lumpkin , Pro Se, #609-662, 15708 McConnelsville Rd., Calwell, Ohio 43724, For Relator.

Before: Julie A. Edwards, P.J., William B. Hoffman, J., John W. Wise, J.

OPINION

HOFFMAN, J.

{¶1} Relator, Troy Lumpkin, has filed a Petition for Writ of Mandamus requesting this Court reopen his direct appeal due to ineffective assistance of counsel.

{¶2} For a writ of mandamus to issue, the relator must have a clear legal right to the relief prayed for, the respondents must be under a clear legal duty to perform the requested act, and relator must have no plain and adequate remedy...

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