Ohio Supreme Court, 2010

State Ex Rel. Avery v. Union County Court of Common Pleas

Ohio Supreme Court · Decided April 7, 2010 · Moyer, Pfeifer, Stratton, O'Connor, O'Donnell, Lanzinger, Cupp

2010 Ohio 1427; 125 Ohio St. 3d 35; 925 N.E.2d 969

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

Per Curiam.

{¶ 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.

Edward B. Avery Sr., pro se.

Judgment affirmed.

Moyer, C.J., 1 and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.

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