State Ex Rel. Wells v. Jefferson County Court of Common Pleas
Cases that cite this one
3 later published cases cite this decision.
- State ex rel. Muhammad v. State (Ohio 2012)
- State ex rel. Ross v. Krichbaum (Ohio Ct. App. 2010)
- State Ex Rel. Lucas County Board of Mental Retardation & Developmental Disabilities v. Public Employees Retirement Board (Ohio 2009)
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
{¶ 1} We affirm the judgment of the court of appeals dismissing a complaint for writs of mandamus and procedendo. Appellant, John E. Wells Sr., failed to allege with the requisite factual specificity that he lacked an adequate remedy at law to raise his claim that he is entitled to a new sentencing entry that complies with Crim.R. 32(C). Inmates are required to plead specific facts rather than unsupported conclusions. State ex rel. Kimbrough v. Greene, 98 Ohio St.3d 116, 2002-Ohio-7042, 781 N.E.2d 155, ¶ 13. In the absence of pleading specific facts that he had requested that his trial court issue a revised sentencing entry, Wells had an adequate remedy in the ordinary course of law by motion in the trial court. Dunn v. Smith, 119 Ohio St.3d 364, 2008-Ohio-4565, 894 N.E.2d 312, ¶ 8-9. Finally, Wells cannot add new matter to the record on appeal to attempt to establish that the trial court had, in fact, rejected his motions for resentencing. Dzina v. Celebrezze, 108 Ohio St.3d 385, 2006-Ohio-1195, 843 N.E.2d 1202, ¶ 16.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.