State ex rel. Orr v. Corrigan

Citations

• 2022 Ohio 3924

Syllabus

Writ of procedendo R.C. 2969.25 motion to dismiss Civ.R. 12(B)(6) Crim.R. 43 R.C. 2945.02 stay/continuance open court R.C.2945.71 R.C. 2945.71 Sup.R. 40 Crim.R. 50 adequate remedy at law. Relator's complaint for writ of procedendo was dismissed for failure to state a claim where relator failed to demonstrate a right to the requested relief or that respondent, in a bench trial, had a duty to journalize a continuance at the conclusion of the evidentiary phase of trial in order for respondent to deliberate before announcing the verdict. Relator also could have raised this issue in his direct appeal but did not, precluding relief in procedendo.