Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
The STATE ex rel. ARNOLD, Appellant, v. REID, Judge, et al., Appellees.
Per Curiam. Arnold asserts in his sole proposition of law that the court of appeals erred by dismissing his mandamus action. Arnold's assertion is meritless.
Arnold had an adequate legal remedy by appeal to raise his claim concerning the trial court's alleged failure to journalize decisions relating to the speedy-trial provisions. See State v. King (1994), 70 Ohio St.3d 158, 162, 637 N.E.2d 903, 906; State v. Mincy (1982), 2 Ohio St.3d 6, 2 OBR 282, 441 N.E.2d 571, syllabus. Unlike State ex rel. Grove v. Nadel (1998), 81 Ohio St.3d 325, 691 N.E.2d 275, appellees' alleged failure to journalize these entries did not preclude an appeal raising this issue.
In addition, appeal and postconviction relief are not rendered inadequate by the fact that Arnold can no longer raise this issue on appeal or claim ineffective assistance of counsel in a postconviction relief petition for failing to raise this issue in his direct appeal. Cf. In re Estate of Davis (1996), 77 Ohio St.3d 45, 46, 671 N.E.2d 9, 10.
Based on the foregoing, we affirm the judgment of the court of appeals.
Judgment affirmed.
PER CURIAM.
MOYER, C.J., and DOUGLAS, RESNICK, FRANCIS E. SWEENEY, Sr., PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 98-2468.
Decided: March 31, 1999
Court: Supreme Court of Ohio.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)