State ex rel. Hatfield v. French
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The Supreme Court affirmed the judgment of the court of appeals denying Appellant's third motion for relief from judgment filed after the court of appeals dismissed Appellant's complaint for a writ of mandamus, holding that the court of appeals correctly denied the motion.
Appellant, who was serving sentences for aggravated murder and other crimes, filed an original action in the court of appeals seeking a writ of mandamus. The court of appeals dismissed the complaint and denied the writ. Appellant did not appeal the dismissal of his complaint but instead filed three motions for relief from judgment under Civ. R. 60(B), which the court of appeals denied. Appellant appealed from the court of appeals' denial of his third motion. The Supreme Court affirmed, holding that Appellant should have raised his claims of error in a timely appeal from the court of appeals' motion, not in a Civ.R. 60(B) motion.
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