State ex rel. Daniels v. Russo

The Supreme Court affirmed the judgment of the court of appeals denying Appellant’s petition for writs of mandamus and/or procedendo that he filed against Cuyahoga County Court of Common Pleas Judge John J. Russo, holding that Appellant could not prove entitlement to either writ because the record demonstrated that he had an adequate remedy by way of an appeal from the denial of his motion for a final, appealable order.Appellant pleaded guilty to two counts of aggravated murder and two counts of aggravated burglary. Appellant later filed a motion in the trial court for a final, appealable order, arguing that the sentencing entry in his case violated Crim.R 32. Judge Russo denied the motion. Appellant then filed this action. The court of appeals granted summary judgment in favor of Judge Russo and denied the writs. The Supreme Court affirmed, holding Appellant was not entitled to a writ of mandamus or procedendo because he had an adequate remedy in the ordinary course of the law in the form of a direct appeal from Judge Russo’s entry denying Appellant’s motion for a new sentencing entry. View "State ex rel. Daniels v. Russo" on Justia Law