Fifth District: procedendo issued

The Fifth District has issued a writ of procedendo requiring the Morgan County Common Pleas Court to rule on the relator's petition for post-conviction relief. The motion was filed in August 2015 and had not yet been ruled on, despite Superintendence Rule 40(A)(3)'s requirement that motions be resolved within 120 days of filing. The court did observe that litigants have no private right to enforce that rule, but the rule nevertheless bears upon the question of whether the court "has unduly delayed" in issuing a ruling. The case is State ex rel. Smoot v. Favreau.

"Replevin action regarding parrot"

In Carlton v. Johnson, the Fifth District affirmed a trial court's judgment that the plaintiff was not entitled to replevin of a parrot.

The Supreme Court Reporter of Decisions describes the issues of the case as "Replevin action regarding parrot/Manifest weight."

That is all.

Conviction reversed for Miranda violation

In State v. Miller the Fifth District reversed a conviction for violation of the Fifth Amendment right to counsel.

Can a prosecutor be compelled to prosecute by a writ of mandamus?

Today I'm shocked to learn that the answer to this question, according to the Ohio Supreme Court, is "maybe."