Ohio Supreme Court, 2009

State Ex Rel. Leon v. Cuyahoga County Court of Common Pleas

Ohio Supreme Court · Decided September 15, 2009 · Moyer, Pfeifer, Stratton, O'Connor, O'Donnell, Lanzinger, Cupp

2009 Ohio 4688; 123 Ohio St. 3d 124; 914 N.E.2d 402

Cases that cite this one

64 later published cases cite this decision. The 25 that cite it most often are listed here.

Cox v. Dayton Pub. Schools Bd. of Edn. (Slip Opinion) (Ohio 2016)
State Ex Rel. Hopson v. Cuyahoga County Court of Common Pleas (Ohio 2013)
State v. Morrow (Ohio Ct. App. 2022)
In re Collado (Ohio Ct. App. 2020)
Summers v. Lancia Nursing Homes, Inc. (Ohio Ct. App. 2017)
State v. Henton (Slip Opinion) (Ohio 2016)
State ex rel. Kimble v. Bur. of Sentence Computation (Ohio Ct. App. 2016)
State ex rel. Spates v. Donnelly (Ohio Ct. App. 2015)
State ex rel. Davis v. Astrab (Ohio Ct. App. 2015)
State ex rel. Turner v. Corrigan (Ohio 2015)
State ex rel. Litwinowicz v. Euclid (Ohio Ct. App. 2014)
State v. Pope (Ohio Ct. App. 2014)
State ex rel. Santiago v. Saffold (Ohio Ct. App. 2014)
Patrick-Bey v. Cleveland Muni. Court (Ohio Ct. App. 2014)
Steele v. Shobert (Ohio Ct. App. 2014)
State ex rel. v. McClelland (Ohio Ct. App. 2014)
State ex rel. Talley v. Calabrese (Ohio Ct. App. 2014)
Carley v. State (Ohio Ct. App. 2014)
State ex rel. Thomas v. Strickland-Saffold (Ohio Ct. App. 2014)
State v. Donaldson (Ohio Ct. App. 2014)
In re Application of Black Fork Wind Energy, L.L.C. (Ohio 2013)
Frett v. State (Ohio Ct. App. 2013)
State ex rel. Angelo v. Carroll (Ohio Ct. App. 2013)
State ex rel. Dines v. Villanueva (Ohio Ct. App. 2013)
State ex rel. Turner v. Corrigan (Ohio Ct. App. 2013)

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

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals denying the claim of appellant, inmate Ricardo Leon, for writs of mandamus and procedendo to compel appellee, Cuyahoga County Court of Common Pleas, to resentence him. The court of appeals concluded, based on a reasonable interpretation of its own appellate rule, Loc.App.R. 45(B)(1), that Leon failed to comply with its requirement to file an affidavit “specifying the details of the claim” when he merely stated in his affidavit that his complaint was true and correct to the best of his knowledge, recollection, and belief. But cf. Wellington v. Mahoning Cty. Bd. of Elections, 117 Ohio St.3d 143, 2008-Ohio-554, 882 N.E.2d 420, ¶ 16-19 (court construed comparable requirement in S.Ct.Prac.R. X(4)(B) not to require repetition of statements in complaint in supporting affidavit). Notwithstanding Leon’s claims to the contrary, the mere fact that he is a pro se litigant does not entitle him to ignore the requirements of the local appellate rule. “ ‘[P]ro se litigants * * * are held to the same standard as litigants who are represented by counsel.’ ” State ex rel. Fuller v. Mengel, 100 Ohio St.3d 352, 2003-Ohio-6448, 800 N.E.2d 25, ¶ 10, quoting Sabouri v. Ohio Dept. of Job & Family Servs. (2001), 145 Ohio App.3d 651, 654, 763 N.E.2d 1238.

{¶ 2} By so holding, we need not address the merits of the court of appeals’ other reasons for denying the writs.

Judgment affirmed.

Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur. *125 Ricardo Leon, pro se. William D. Mason, Cuyahoga County Prosecuting Attorney, and James E. Moss, Assistant Prosecuting Attorney, for appellee.

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