Summary
In Ferrell, the relator filed a complaint for a writ of mandamus in the court of appeals, seeking an order compelling the trial court to issue findings of fact and conclusions of law with respect to its denial of his postconviction-relief petition.
Summary of this case from State ex rel. Penland v. DinkelackerOpinion
No. 84-44
Decided October 10, 1984.
Criminal law — Mandamus to compel filing of findings of fact and conclusions of law in post-conviction relief case — Writ issued, when.
APPEAL from the Court of Appeals for Fairfield County.
On May 17, 1983, appellant, Jerry Dale Ferrell, filed a petition for post-conviction relief in the Court of Common Pleas of Fairfield County. The petition was heard by appellee, Judge Joseph T. Clark, who denied the petition on June 15, 1983. The entry contained no findings of fact or conclusions of law.
On October 26, 1983 appellant brought this action in mandamus in the Court of Appeals for Fairfield County seeking the issuance of a writ to compel Judge Clark to prepare and file findings of fact and conclusions of law relative to appellant's petition.
The court of appeals denied the writ and the cause is now before the court upon an appeal as of right.
Mr. Jerry D. Ferrell, pro se.
The court of appeals denied the writ, stating, "[a]n adequate remedy at law exists by way of appeal," without further explanation.
The record before the court of appeals contained no more than is before this court, namely, a copy of appellee's entry which contains no findings of fact or conclusions of law.
In State v. Mapson (1982), 1 Ohio St.3d 217, 218, we held that "* * * R.C. 2953.21 mandates that a judgment denying post-conviction relief include findings of fact and conclusions of law, and that a judgment entry filed without such findings is incomplete and it thus does not commence the running of the period for filing an appeal therefrom."
In view of this holding, appellee's order of June 15, 1983 was not a final, appealable order, and appellant did not have a remedy by way of appeal.
Mandamus will lie to compel a court to proceed to final judgment in an action for post-conviction relief. State, ex rel. Turpin, v. Court of Common Pleas (1966), 8 Ohio St.2d 1 [37 O.O.2d 40].
Accordingly, the judgment of the court of appeals is reversed and the writ is allowed.
Judgment reversed and writ allowed.
CELEBREZZE, C.J., W. BROWN, SWEENEY, LOCHER, HOLMES, C. BROWN and J.P. CELEBREZZE, JJ., concur.