State ex rel. Franks v. Cosgrove
Cases that cite this one
4 later published cases cite this decision.
- State ex rel. Peterson v. McClelland (Slip Opinion) (Ohio 2017)
- Thompson v. Saffold (Ohio Ct. App. 2014)
- State ex rel. Talley v. Calabrese (Ohio Ct. App. 2014)
- State ex rel. Nash v. Fuerst (Ohio Ct. App. 2013)
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 motion of appellant, Nathaniel Franks, for a writ of mandamus to compel appellee, his trial court judge, to award him jail-time credit. Franks’s claim for jail-time credit is remediable in the ordinary course of law by motion and appeal. State ex rel. *250 Williams v. McGinty, 129 Ohio St.3d 275, 2011-Ohio-2641, 951 N.E.2d 755, ¶ 2. In addition, res judicata barred Franks from filing a successive mandamus action seeking the same relief. State ex rel. Carroll v. Corrigan, 91 Ohio St.3d 331, 744 N.E.2d 771 (2001). Finally, insofar as Franks’s second mandamus claim was instituted by motion, “original actions for extraordinary relief like a writ of mandamus must be commenced by filing a complaint or a petition, not by filing a ‘motion’ or an ‘application.’ ” State ex rel. Bealler v. Ohio Adult Parole Auth, 91 Ohio St.3d 36, 37, 740 N.E.2d 1100 (2001).
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.