State ex rel. Larkins v. Aurelius
Cases that cite this one
10 later published cases cite this decision.
- State v. Friedland, Unpublished Decision (9-16-1999) (Ohio Ct. App. 1999)
- State ex rel. Orr v. Bova (Ohio Ct. App. 2014)
- Kelley v. Wilson (Ohio 2004)
- State Ex Rel. Stovall v. Jones, Unpublished Decision (10-12-2000) (Ohio Ct. App. 2000)
- State ex rel. Billings v. Friedland (Ohio 2000)
- State ex rel. Billings v. Friedland (Ohio 2000)
- State ex rel. Washington v. Ohio Adult Parole Authority (Ohio 1999)
- State ex rel. Washington v. Ohio Adult Parole Auth. (Ohio 1999)
- Pilgrim v. Department of Rehab. Corr., Unpublished Decision (6-6-2000) (Ohio Ct. App. 2000)
- State ex rel. Larkins v. Aurelius (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
Larkins asserts that the court of appeals erred by denying the writ of mandamus to vacate his criminal convictions. For the following reasons, however, we find that Larkins’s claims are meritless and affirm the judgment of the court of appeals.
As the court of appeals correctly held, the failure to comply with R.C. 2945.05 may be remedied only in a direct appeal from a criminal conviction. State v. Pless (1996), 74 Ohio St.3d 333, 658 N.E.2d 766, paragraph two of the syllabus. A claimed violation of R.C. 2945.05 is not the proper subject for an extraordinary writ. See Jackson v. Rose (1997), 79 Ohio St.3d 51, 679 N.E.2d 684, 685.
In addition, because Larkins essentially requests release from prison, mandamus will not he. State ex rel. Sampson v. Parrott (1998), 82 Ohio St.3d 92, 93, 694 N.E.2d 463, 463-464.
Based on the foregoing, we affirm the judgment of the court of appeals.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.