Monday, November 28, 2016
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.