State Ex Rel. Avery v. Union County Court of Common Pleas
Cases that cite this one
3 later published cases cite this decision.
- In re Wesley v. Cuyahoga Cty. Court of Common Pleas (Ohio Ct. App. 2020)
- State ex rel. Keith v. Russo (Ohio Ct. App. 2014)
- State ex rel. Williams v. Sieve (Ohio 2011)
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 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.