State of Ohio, ex. rel Roy Shane Duncan, Relator,
v.
Judge James Deweese, Respondent.
Court of Appeals of Ohio, Fifth District, Richland County.https://leagle.com/images/logo.png
DATE OF JUDGMENT ENTRY: October 5, 2011.
DATE OF JUDGMENT ENTRY: October 5, 2011.
Attorney(s) appearing for the Case
ROY DUNCAN , PRO SE, North Central Correctional Inst., 670 Marion Williamsport Rd. E., Box 1812, Marion, OH 43301-1812, For Relator.
JILL M. COCHRAN , Assistant Richland County Prosecutor, 38 South Park Street, 2nd Fl., Mansfield, OH 44902, For Respondent.
Before: William B. Hoffman, P.J., Sheila G. Farmer, J., Patricia A. Delaney, J.
Court of Appeals of Ohio, Fifth District, Richland County.
OPINION
HOFFMAN, P.J.
{1} Relator filed a Petition for Writ of Procedendo requesting a writ to compel the trial court to rule on Relator's motion for resentencing filed with the trial court on March 10, 2011. Respondent has filed a motion to dismiss urging this Court to deny the requested writ, arguing Sup.R. 40 is advisory and not mandatory.
{2} To be entitled to a writ of procedendo, "a relator must establish a clear legal...
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