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STATE EX REL. ELKINS v. FAIS

No. 2014-1663.

143 Ohio St.3d 366 (2015)

2015-Ohio-2873

THE STATE EX REL. ELKINS, APPELLANT, v. FAIS, JUDGE, APPELLEE.

Supreme Court of Ohio.

Decided July 21, 2015.

Attorney(s) appearing for the Case

David Elkins, pro se.

Ronald O'Brien , Franklin County Prosecuting Attorney, and Jeffrey C. Rogers , Assistant Prosecuting Attorney, for appellee.

{¶ 1} We affirm the Tenth District Court of Appeals' judgment dismissing a petition for a writ of procedendo to compel respondent-appellee, Judge David Fais, to hold a resentencing hearing for relator-appellant, David Elkins. Because Elkins had an adequate remedy at law, he is not entitled to a writ of procedendo.

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