State ex rel. Steele v. McClelland

The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant’s petition for writs of mandamus and prohibition against Robert C. McClelland, a Cuyahoga County Common Pleas Court judge, holding that Appellant was not entitled to either writ.Appellant pleaded guilty to five counts of gross sexual imposition and was sentenced to fifteen years’ imprisonment. Appellant later filed a petition for writs of mandamus and prohibition in the court of appeals seeking an order compelling Judge McClelland to vacate as void a journal entry dismissing the first indictment in his criminal case. The court of appeals concluded that the trial court properly dismissed the first indictment and that Appellant had an adequate remedy in the ordinary course of law. The Supreme Court affirmed, holding that, even if the dismissal had been granted in error, Appellant did not demonstrate that he lacked an adequate remedy in the ordinary course of law. View "State ex rel. Steele v. McClelland" on Justia Law