State ex rel. Cook v. Forchione
2017 Ohio 270
| Ohio Ct. App. | 2017Background
- Relator Anthony M. Cook filed a motion for post-conviction relief in the Stark County Common Pleas Court after his transcript was filed on August 3, 2015; the motion was filed September 28, 2015 and was timely.
- The trial court denied Cook’s post-conviction motion but issued an entry that contained no findings of fact or conclusions of law.
- Cook sought a writ of mandamus from the Fifth District Court of Appeals compelling the trial court judge to issue findings of fact and conclusions of law under R.C. 2953.21(C).
- The court summarized the mandamus standard: relator must show a clear legal right, a clear legal duty by respondent, and lack of adequate remedy at law.
- The appellate court found the trial court’s entry failed to apprise Cook of the reasons for denial and prevented meaningful appellate review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court must issue findings of fact and conclusions of law when dismissing a post-conviction petition | Cook: R.C. 2953.21(C) requires mandatory findings and conclusions when a petition is dismissed | Respondent: (no appearance/implicit) the court’s entry is sufficient | Court: Findings and conclusions are mandatory; the current entry is deficient |
| Whether mandamus is the appropriate remedy to compel issuance of findings/conclusions | Cook: Mandamus is proper because no adequate remedy at law exists | Respondent: (no argument presented) | Court: Mandamus is appropriate; relator has clear right and respondent has clear duty |
Key Cases Cited
- State ex rel. Waters v. Spaeth, 960 N.E.2d 452 (Ohio 2012) (sets mandamus standard for extraordinary relief)
- State ex rel. Konoff v. Moon, 680 N.E.2d 989 (Ohio 1997) (R.C. 2953.21(C) requires findings of fact and conclusions of law when petition is dismissed)
- State v. Mapson, 438 N.E.2d 910 (Ohio 1982) (purpose of findings/conclusions is to apprise petitioner and permit meaningful appellate review)
- State ex rel. Carrion v. Harris, 530 N.E.2d 1330 (Ohio 1988) (no mandamus if trial court entry already sufficiently apprises petitioner and permits appellate review)