Summary
The Supreme Court of Ohio affirmed the dismissal of a mandamus petition filed by DaJohn Shepherd, who sought to compel Judge Steven Gall to correct a 2018 sentencing entry to include notification of appellate rights. The court held that Crim.R. 32(B) does not require such notification in the entry itself, and that Shepherd had an adequate remedy by direct appeal. Thus, the petition was obviously without merit.
Topics
Practice areas
Questions Presented
- Whether the Eighth District erred in sua sponte dismissing Shepherd's mandamus petition because he failed to state a viable claim for a writ of mandamus.
Holdings
- Shepherd's mandamus claim was obviously without merit because he failed to establish a clear legal right to a corrected sentencing entry or a clear legal duty on Judge Gall's part to provide one, and he had an adequate remedy in the ordinary course of the law by direct appeal.
Key quotations
“To be entitled to a writ of mandamus, Shepherd must establish (1) a clear legal right to the requested relief, (2) a clear legal duty on the part of Judge Gall to provide it, and (3) the lack of an adequate remedy in the ordinary course of the law.” (¶ 6)
“Crim.R. 32(B) requires only that the trial court 'advise the defendant of the defendant's right, where applicable, to appeal or to seek leave to appeal the sentence imposed.'” (¶ 8)
“An appeal is generally considered an adequate remedy in the ordinary course of law sufficient to preclude a writ.” (¶ 9)
“To constitute a final, appealable order, an entry must set forth '(1) the fact of the conviction, (2) the sentence, (3) the judge's signature, and (4) the time stamp indicating the entry upon the journal by the clerk.'” (¶ 9)
Factual background
Shepherd pleaded guilty to multiple felony charges in June 2018 and was sentenced to an aggregate term of 12 years in prison. The sentencing entry did not include a notification of appellate rights. Shepherd later moved to revise the entry, but Judge Gall denied the motion. Shepherd then filed a mandamus action to compel Judge Gall to correct the entry to include the notice.
Procedural history
Shepherd filed a mandamus petition in the Eighth District Court of Appeals seeking to compel Judge Gall to correct a 2018 sentencing entry that omitted notice of appellate rights. The Eighth District sua sponte dismissed the petition, concluding that Shepherd could not establish a clear legal duty or lack of an adequate remedy. Shepherd appealed to the Supreme Court of Ohio.