State ex rel. Franks v. Cosgrove

Ohio Supreme Court
State ex rel. Franks v. Cosgrove, 2013 Ohio 402 (Ohio 2013)
135 Ohio St. 3d 249; 985 N.E.2d 1264
French, Kennedy, Lanzinger, O'Connor, O'Donnell, O'Neill, Pfeifer

State ex rel. Franks v. Cosgrove

Opinion

Per Curiam.

{¶ 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).

Nathaniel Franks, pro se. Sherri Bevan Walsh, Summit County Prosecuting Attorney, and Corina Staehle Gaffney, Assistant Prosecuting Attorney, for appellee.

Judgment affirmed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, Kennedy, French, and O’Neill, JJ., concur.

Reference

Full Case Name
The State Ex Rel. Franks, Appellant, v. Cosgrove, Judge, Appellee
Cited By
4 cases
Status
Published