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40 Ohio St. 3d 91

State ex rel. Workman v. McGrath

Ohio Supreme Court

Decided December 21, 1988

Ohio Supreme Court · decided 1988-12-21

Key passage — most relied on by later courts

“'Under R.C. 2953.23(A), it is within the sound discretion of the trial court to entertain a second petition or successive petitions for similar relief based upon the same facts.”

quoted by 4 later decisions, including State v. Steffen, State ex rel. Jennings v. Nurre

Relies on 2 Ohio App. 3d 285 - State v. Perdue

Good law ✅— No negative treatment on recordhow we know

Decided 1988-12-21

How this case has been cited

Cited by 17 later decisions — most recently July 2011

1 federal appellate · 16 state decisions

1001988199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1This court concurs with the following entry of the court of appeals below:

¶2“Relator Scott S. Workman’s petition for [a] writ of mandamus is denied.

¶3“Over the past eight years, relator has filed several post-conviction relief petitions alleging ineffective assistance of counsel. This action concerns a post-conviction relief petition filed by relator on February 10,1987 and denied by respondent Judge McGrath on November 24, 1987. Relator seeks a writ of mandamus compelling respondent to file findings of fact and conclusions of law with respect to the dismissal of the petition.

¶4“Under R.C. 2953.23(A), it is within the sound discretion of the trial court to entertain a second petition or successive petitions for similar relief based upon the same facts.

¶5“Accordingly, we hold that a trial court is not required to file findings of fact and conclusions of law when declining to entertain a second or successive petition for post-conviction relief which alleges the same grounds as earlier petitions. See State v. Perdue (1981), 2 Ohio App. 3d 285; State v. Knight (Aug. 20, 1981), Franklin App. No. 81AP-274, unreported.

¶6“Writ denied.”

¶7Therefore, the judgment of the court of appeals is affirmed.

Moyer, C.J., Sweeney, Locher, Holmes, Douglas, Wright and H. Brown, JJ., concur.
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