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STATE EX REL. SHERRILLS v. CUYAHOGA CTY. COURT OF COMMON PLEAS

No. 95-322.

72 Ohio St.3d 461 (1995)

THE STATE EX REL. SHERRILLS, APPELLANT, v. COURT OF COMMON PLEAS OF CUYAHOGA COUNTY, APPELLEE.

Supreme Court of Ohio.

Decided July 5, 1995.

Attorney(s) appearing for the Case

Daries Sherrills, pro se.

Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, and Diane Smilanick, Assistant Prosecuting Attorney, for appellee.

Per Curiam.

Sherrills asserts in his propositions of law that the court of appeals erred in dismissing his complaint for a writ of procedendo. In determining whether a complaint states a claim upon which relief can be granted, all factual allegations of the complaint must be presumed to be true and all reasonable inferences must be made in favor of the nonmoving party. Perez v. Cleveland (1993), 66 Ohio St.3d 397<...

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