Ohio Supreme Court, 1998

State ex rel. Wynn v. McCormick

Ohio Supreme Court · Decided July 29, 1998 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

82 Ohio St. 3d 420; 696 N.E.2d 593; 1998 Ohio LEXIS 1870

Cases that cite this one

5 later published cases cite this decision.

State ex rel. Kreps v. Christiansen (Ohio 2000)
State ex rel. Kreps v. Christiansen (Ohio 2000)
State ex rel. Jones v. O'Connor (Ohio 1999)
State v. Logan, Unpublished Decision (12-23-1999) (Ohio Ct. App. 1999)
State ex rel. Wynn v. McCormick (Ohio 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

We affirm the judgment of the court of appeals for the reasons stated in its opinion. Insofar as Wynn claimed entitlement to a probation revocation hearing, mandamus did not lie to compel Judge McCormick to perform an act that he had already performed. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas (1996), 74 Ohio St.3d 278, 279, 658 N.E.2d 723, 724. In addition, to the extent that Wynn now claims that the probation revocation hearing was not timely held pursuant to R.C. 2951.08, he had an adequate remedy in the ordinary course of law by appeal from Judge McCormick’s judgment. Absent special circumstances, postjudgment appeal constitutes a complete, beneficial, and speedy remedy, which precludes extraordinary relief in mandamus. State ex rel. Toledo Metro. Fed. Credit Union v. Ohio Civ. Rights Comm. (1997), 78 Ohio St.3d 529, 531, 678 N.E.2d 1396, 1398; R.C. 2731.05.

Judgment affirmed. .

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.