State ex rel. Hughley v. McMonagle
Cases that cite this one
13 later published cases cite this decision.
- State ex rel. Frett v. Sutula (Ohio Ct. App. 2015)
- State ex rel. M.L. v. O'Malley (Ohio Ct. App. 2014)
- State ex rel. Luoma v. Russo (Ohio Ct. App. 2013)
- State ex rel. Jackson v. Villanueva (Ohio Ct. App. 2013)
- State ex rel. Messer v. Colaluca (Ohio Ct. App. 2013)
- Powell v. Corrigan (Ohio Ct. App. 2012)
- France v. Celebrezze (Ohio Ct. App. 2012)
- France v. Celebrezze (Ohio Ct. App. 2012)
- Wiegand v. Deutsche Bank Natl. Trust (Ohio Ct. App. 2012)
- State ex rel. Vetus Partners, L.L.C. v. Calabrese (Ohio Ct. App. 2011)
- State ex rel. Engelhart v. Russo (Ohio Ct. App. 2011)
- Smith v. Smith (Ohio 2009)
- State ex rel. Hughley v. McMonagle (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 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 in two criminal cases. 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. In fact, Hughley was ultimately successful in raising this claim in his direct appeal from these convictions. See State v. Hughley, Cuyahoga App. No. 90323, 2008-Ohio-6146, 2008 WL 5049965, ¶ 37-41. Insofar as Hughley appears to claim that he is entitled to be released from prison, habeas corpus, instead of mandamus, is the appropriate action. State ex rel. Gordon v. Murphy, 112 Ohio St.3d 329, 2006-Ohio-6572, 859 N.E.2d 928, ¶ 5.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.