Summary
Mandamus; sentencing errors; adequate remedy at law. The Ohio Supreme Court held that a prisoner could not use a writ of mandamus to challenge his sentence because he had an adequate remedy through direct appeal. Sentencing errors generally may not be remedied through an extraordinary writ. The court affirmed dismissal of the mandamus petition.
Holdings
- Sentencing errors may not be remedied through an extraordinary writ because the defendant usually has an adequate remedy at law through direct appeal.
Questions Presented
- Whether the court of appeals erred in dismissing Steiner's mandamus petition because he had an adequate remedy at law through direct appeal.
Disposition
affirmed
Cases Cited (5)
- State ex rel. Brown v. Nusbaum, 152 Ohio St. 3d 284, 2017-Ohio-9141, 95 N.E.3d 365(cited)
- State ex rel. Zander v. Judge of Summit Cty. Common Pleas Court, 156 Ohio St. 3d 466, 2019-Ohio-1704, 129 N.E.3d 401(cited)
- State ex rel. Marsh v. Tibbals, 149 Ohio St. 3d 656, 2017-Ohio-829, 77 N.E.3d 909(cited)
- State v. Steiner, 5th Dist. Holmes No. 15CA17, 2016-Ohio-4648(cited)
- State ex rel. Cowell v. Croce, 157 Ohio St. 3d 103, 2019-Ohio-2844, 131 N.E.3d 934(cited)
Cited In (0)
No citing cases on record yet.
Court Document
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