State ex rel. Henley v. Langer

The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant’s complaint for a writ of mandamus against Montgomery County Common Pleas Court Judge Dennis J. Langer, holding that Appellant had an adequate remedy in the ordinary course of the law and thus was not entitled to relief in mandamus.Appellant was convicted of four counts of rape and other offenses. His convictions and sentence were affirmed on appeal. Appellant later filed a complaint for a writ of mandamus asking the court of appeals to compel Judge Langer to issue a revised sentencing entry that complied with Crim.R. 32(C), asserting that his sentencing entry was not a final, appealable order. The court of appeals dismissed the complaint, concluding that Appellant could have raised his mandamus claim in an appeal from the trial court’s judgment. The Supreme Court affirmed, holding that the entry denying Appellant’s motion for a new sentencing order was a final, appealable order pursuant to Ohio Rev. Code 2505.02(B)(1), and therefore, Appellant was not entitled to relief in mandamus. View "State ex rel. Henley v. Langer" on Justia Law