Opinion

State ex rel. Parker v. Russo

  • 131 Ohio St. 3d 175
  • 2012 Ohio 541
Court
Ohio Supreme Court
Filed
Feb 15, 2012
Status
Published
On the bench
O'Connor, Pfeifer, Stratton, O'Donnell, Lanzinger, Cupp, Brown
Cited by
3 cases
Authority
More cited than 57.3%

The opinion

[Cite as State ex rel. Parker v. Russo, 131 Ohio St.3d 175, 2012-Ohio-541.]

THE STATE EX REL. PARKER, APPELLANT, v. RUSSO, JUDGE, APPELLEE.

[Cite as State ex rel. Parker v. Russo, 131 Ohio St.3d 175, 2012-Ohio-541.]

Mandamus—Mandamus will not lie to compel issuance of findings of fact and

conclusions of law for denial of postconviction relief—Entry denying relief

on basis that res judicata barred claims that were or could have been

raised on direct appeal is sufficient to allow appellate court to determine

appeal—Judgment denying writ affirmed.

(No. 2011-1114—Submitted February 8, 2012—Decided February 15, 2012.)

APPEAL from the Court of Appeals for Cuyahoga County,

No. 96722, 2011-Ohio-2667.

__________________

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals denying the request

of appellant, Michael Parker Jr., for a writ of mandamus to compel appellee,

Cuyahoga County Court of Common Pleas Judge John Russo, to issue findings of

fact and conclusions of law for the denial of Parker’s petition for postconviction

relief. Judge Russo’s entry denied Parker’s petition because his “claims are

barred under the doctrine of res judicata, which claims could have or have been

raised on direct appeal.” The entry contained sufficient findings and conclusions

to apprise Parker of the grounds for the judgment and to allow appellate courts to

properly determine any appeal therefrom. State ex rel. Carrion v. Harris, 40 Ohio

St.3d 19, 19-20, 530 N.E.2d 1330 (1988); Gause v. Zaleski, 85 Ohio St.3d 614,

615, 710 N.E.2d 684 (1999).

Judgment affirmed.

O’CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O’DONNELL,

LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.

SUPREME COURT OF OHIO

__________________

Michael Parker Jr., pro se.

______________________

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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