State ex rel. Carpenter v. Maschari
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[Cite as State ex rel. Carpenter v. Maschari, 2003-Ohio-5179.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT ERIE COUNTY State of Ohio, ex rel. Michael Carpenter Court of Appeals No. E-03-041 Relator v. Judge Ann B. Maschari, DECISION AND JUDGMENT ENTRY Respondent Decided: September 22, 2003 ***** Thomas Kenneth Lee, for relator. Kevin J. Baxter, Prosecuting Attorney, for respondent. ***** PIETRYKOWSKI, J. {¶1} This matter is before us on relator Michael Carpenter's petition for a writ of procedendo ordering respondent, Judge Ann B. Maschari, to proceed to final judgment on relator's petition for postconviction relief. {¶2} It has come to this court s attention that on August 26, 2003, journalized on August 27, 2003, respondent issued her findings of fact, conclusions of law and judgment entry on relator s petition for postconviction relief. Accordingly, we find that relator s petition for a writ of procedendo is moot and denied. Costs of this action are assessed to relator. WRIT DENIED. Peter M. Handwork, P.J. _______________________________ JUDGE Mark L. Pietrykowski , J. Judith Ann Lanzinger, J. CONCUR. _______________________________ JUDGE _______________________________ JUDGE 2.
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