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STATE EX REL. SMITH v. McDONNELL

No. 95786.

2010 Ohio 6035

State of Ohio, ex rel. Rodney Smith, Relator, v. Common Pleas Judge, Nancy R. McDonnell, Respondent.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: December 3, 2010.

Attorney(s) appearing for the Case

Rodney Smith, pro se, Inmate No. 0147214, Cuyahoga County Jail, P.O. Box 5600, Cleveland, Ohio 44101, for Relator.

William D. Mason, Cuyahoga County Prosecutor, By: James E. Moss, Assistant County Prosecutor, 8th Floor Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Respondent.

JOURNAL ENTRY AND OPINION

COLLEEN CONWAY COONEY, J.

{¶ 1} Rodney Smith, the relator, has filed a complaint for a writ of mandamus to require Judge Nancy R. McDonnell to conduct a hearing, in State v. Smith, Cuyahoga County Court of Common Pleas Case No. CR-539775, to address allegations of ineffective assistance of trial counsel. Judge McDonnell has filed a motion for summary judgment, which we grant for the following reasons.

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