State ex rel. Jones v. Court of Common Pleas of Cuyahoga County, 77-1142

Decision Date19 July 1978
Docket NumberNo. 77-1142,77-1142
Citation55 Ohio St.2d 130,9 O.O.3d 108,378 N.E.2d 471
Parties, 9 O.O.3d 108 The STATE ex rel. JONES, v. COURT OF COMMON PLEAS OF CUYAHOGA COUNTY et al.
CourtOhio Supreme Court

Relator, Harllel B. Jones, was convicted of second degree murder in 1972. He is presently free on bail set by the United States District Court for the Northern District of Ohio, Eastern Division, after obtaining a writ of habeas corpus. That decision is on appeal to the United States Court of Appeals for the Sixth Circuit.

With regard to his claim of ineffective assistance of counsel, relator, utilizing the available remedy of post-conviction relief in the state courts, filed a petition to vacate judgment in September of 1976. Relator also requested an evidentiary hearing.

The state, after taking an extension, filed an answer and motion for summary judgment. In August of 1977, the Court of Common Pleas of Cuyahoga County overruled the motion for summary judgment and "held in abeyance" all further matters until the decision of the Court of Appeals for the Sixth Circuit would be reached.

On October 7, 1977, relator filed a complaint in mandamus, or in the alternative, in procedendo, requesting this court to issue a writ requiring respondent Judges Leo M. Spellacy and James F. Kilcoyne of the Court of Common Pleas of Cuyahoga County to proceed to judgment within 10 days upon the following matters:

(1) whether relator's motion to compel should be granted;

(2) whether the prehearing subpoena duces tecum sought to be issued should be authorized; and

(3) to schedule an evidentiary hearing to take place within 40 days from the date of judgment of this court.

Theodore E. Meckler, Cleveland, Richard L. Aynes, Akron, Dworkin & Stewart and Jeffrey Dworkin, Cleveland, for relator.

John T. Corrigan, Pros. Atty., and Robert E. Feighan, Cleveland, for respondents.

PER CURIAM.

Relator asserts that the present delay in the Court of Common...

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27 cases
  • Sands v. Cunningham
    • United States
    • U.S. District Court — District of New Hampshire
    • 1 Octubre 1985
    ...been convicted of an offense. See United States v. Alston, 412 A.2d 351, 356-57 (D.C.1980); State ex rel. Jones v. Court of Common Pleas, 55 Ohio St.2d 130, 9 O.O.3d 108, 378 N.E.2d 471, 472 (1978); State v. Cooper, 52 Ohio St.2d 163, 6 O.O.3d 377, 370 N.E.2d 725, 737 (1977), vacated in par......
  • State v. Bill Adam Sanders
    • United States
    • Ohio Court of Appeals
    • 10 Diciembre 1996
    ...will be impaired. State ex rel. Jones v. Cuyahoga Cty. Ct. of Common Pleas (1978), 55 Ohio St.2d 130, 131, 9 Ohio Ap.3d 108, 109, 378 N.E.2d 471, 472. Section 10, Article I of the Ohio Constitution guarantees the party accused in any court `a speedy public trial by an impartial jury.' `Thro......
  • State v. Cecil L. Russell
    • United States
    • Ohio Court of Appeals
    • 30 Junio 1998
    ... ... 97 CA 37. 98-LW-2606 (4th) Court of Appeals of Ohio, Fourth District, ... Prisley, Assistant Athens County ... Prosecuting Attorney, Athens County ... is an appeal from an Athens County Common Pleas Court ... judgment ... will be impaired. State ex rel. Jones v. Cuyahoga Cty ... Ct. of Common ... ...
  • State v. Martin L. Hatton
    • United States
    • Ohio Court of Appeals
    • 19 Abril 1999
    ... ... 97 CA 34. 99-LW-1428 (4th) Court of Appeals of Ohio, Fourth District, ... is an appeal from a Pickaway County Common Pleas Court ... judgment of ... Edwards , (July 11, 1996), Cuyahoga Co. App. No. 69077, ... unreported, citing ... States v. Jones (C.A. 5, 1973), 475 F.2d 723, 730) ... See State ex rel. WHIO-TV-7 ... v. Lowe (1997), 77 Ohio St ... ...
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