State ex rel. Hughley v. McMonagle

Ohio Supreme Court
State ex rel. Hughley v. McMonagle, 2009 Ohio 4088 (Ohio 2009)
123 Ohio St. 3d 91; 914 N.E.2d 371
Moyer, Pfeifer, Stratton, O'Connor, O'Donnell, Lanzinger, Cupp

State ex rel. Hughley v. McMonagle

Opinion

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals denying the petition of appellant, Kevin Hughley, for a writ of mandamus to compel appellee, Cuyahoga County Common Pleas Court Judge Timothy McMonagle, to resentence him to correct an allegedly improper resentencing order. Hughley “has or had adequate remedies in the ordinary course of law, e.g., appeal and postconviction relief, for review of any alleged sentencing error.” State ex rel. Jaffal v. Calabrese, 105 Ohio St.3d 440, 2005-Ohio-2591, 828 N.E.2d 107, ¶ 5; see also State ex rel. Hughley v. McMonagle, 121 Ohio St.3d 536, 2009-Ohio-1703, 905 N.E.2d 1220, ¶ 1. This holding renders moot Judge McMonagle’s motion to strike Hughley’s merit brief.

Judgment affirmed.

Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.

Reference

Full Case Name
The State Ex Rel. Hughley, Appellant, v. McMonagle, Judge, Appellee
Cited By
2 cases
Status
Published