Ohio Supreme Court, 2009

State ex rel. Hughley v. McMonagle

Ohio Supreme Court · Decided August 20, 2009 · Moyer, Pfeifer, Stratton, O'Connor, O'Donnell, Lanzinger, Cupp

2009 Ohio 4088; 123 Ohio St. 3d 91; 914 N.E.2d 371

Cases that cite this one

2 later published cases cite this decision.

State ex rel. Norris v. Wainwright (Slip Opinion) (Ohio 2019)
State ex rel. Ridenour v. O'Connell (Slip Opinion) (Ohio 2016)

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 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.

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