State Ex Rel. Avery v. Union County Court of Common Pleas
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.