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Hazel v. Bender

Supreme Court of Ohio
May 19, 2010
2010 Ohio 2112 (Ohio 2010)

Opinion

No. 2009-2309.

Submitted May 12, 2010.

Decided May 19, 2010.

APPEAL from the Court of Appeals for Franklin County, No. 09AP-288, 2009-Ohio-6326.

Corey Hazel, pro se.

Ron O'Brien, Franklin County Prosecuting Attorney, and Paul Thies, Assistant Prosecuting Attorney, for appellee.


{¶ 1} We affirm the judgment of the court of appeals denying the claim of appellant, Corey Hazel, for a writ of procedendo to compel appellee, Franklin County Court of Common Pleas Judge John F. Bender, to enter judgment on Hazel's September 4, 2007 petition for postconviction relief. Hazel had an adequate remedy in the ordinary course of law by appeal to raise his claim, and he raised it in State v. Hazel, Franklin App. Nos. 08AP-789 and 08AP-790, 2009-Ohio-880, 2009 WL 497584, at ¶ 8. Procedendo does not lie when the relator has an adequate remedy in the ordinary course of the law. State ex rel. New Concept Hous., Inc. v. Metz, 123 Ohio St.3d 457, 2009-Ohio-5862, 917 N.E.2d 796, ¶ 2. And "[e]xtraordinary writs may not be used to gain successive appellate reviews of the same issue." State ex rel. Woods v. Oak Hill Community Med. Ctr. (2001), 91 Ohio St.3d 459, 462, 746 N.E.2d 1108.

We deny Hazel's motion to strike Judge Bender's brief.

Judgment affirmed.

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


Summaries of

Hazel v. Bender

Supreme Court of Ohio
May 19, 2010
2010 Ohio 2112 (Ohio 2010)
Case details for

Hazel v. Bender

Case Details

Full title:THE STATE EX REL. HAZEL, APPELLANT, v. BENDER, JUDGE, APPELLEE

Court:Supreme Court of Ohio

Date published: May 19, 2010

Citations

2010 Ohio 2112 (Ohio 2010)
2010 Ohio 2112
928 N.E.2d 1092

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