State Ex Rel. Avery v. Union County Court of Common Pleas
Ohio Supreme Court
State Ex Rel. Avery v. Union County Court of Common Pleas, 2010 Ohio 1427 (Ohio 2010)
125 Ohio St. 3d 35; 925 N.E.2d 969
Moyer, Pfeifer, Stratton, O'Connor, O'Donnell, Lanzinger, Cupp
State Ex Rel. Avery v. Union County Court of Common Pleas
Opinion
{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Edward B. Avery Sr., for a writ of mandamus to compel appellee, Union County Court of Common Pleas, to grant his pending motion by causing his sentencing entry to “speak the truth.” “[M]andamus will not lie to control judicial discretion, even if that discretion is abused.” State ex rel. Dreamer v. Mason, 115 Ohio St.3d 190, 2007-Ohio-4789, 874 N.E.2d 510, ¶ 12. Therefore, mandamus will not issue to compel the common pleas court to enter a specific *36 judgment on Avery’s pending motion. State ex rel. Rashada v. Pianka, 112 Ohio St.3d 44, 2006-Ohio-6366, 857 N.E.2d 1220, ¶ 3.
Judgment affirmed.
Reference
- Full Case Name
- The State Ex Rel. Avery, Appellant, v. Union County Court of Common Pleas, Appellee
- Cited By
- 3 cases
- Status
- Published