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State ex rel. Hayes v. Winkler
2011 Ohio 6046
Ohio
2011
Check Treatment

THE STATE EX REL. HAYES, APPELLANT, v. WINKLER, JUDGE, APPELLEE.

No. 2011-1381

Supreme Court of Ohio

December 1, 2011

131 Ohio St.3d 66, 2011-Ohio-6046

Submitted November 16, 2011

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Marcus Hayes, for a writ of mandamus to compel appellee, Hamilton County Court of Common Pleas Judge Ralph Winkler, to issue a judgment on certain postconviction motions in accordance with Civ.R. 58 and App.R. 4(A). Insofar as Hayes sought to compel Judge Winkler to rule on his motions, the judge has already done so. Mandamus will not compel a judge to rule on motions that the judge has already ruled on. State ex rel. Womack v. Marsh, 128 Ohio St.3d 303, 2011-Ohio-229, 943 N.E.2d 1010, ¶ 10. And as for Hayes‘s claim that he could not appeal the rulings because the clerk never served notice of the judgments on him, he had adequate remedies in the ordinary course of law by delayed appeal and motion for relief from judgment to raise his claim. State ex rel. McKinney v. Defiance Cty. Court of Common Pleas, 123 Ohio St.3d 153, 2009-Ohio-4693, 914 N.E.2d 1044, ¶ 1.

Judgment affirmed.

O‘CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O‘DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.

Marcus Hayes, pro se.

Case Details

Case Name: State ex rel. Hayes v. Winkler
Court Name: Ohio Supreme Court
Date Published: Dec 1, 2011
Citation: 2011 Ohio 6046
Docket Number: 2011-1381
Court Abbreviation: Ohio
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