State ex rel. Allen v. Goulding

The Supreme Court affirmed the judgment of the court of appeals sua sponte dismissing Appellant’s petition for a writ of mandamus, holding that the court of appeals did not abuse its discretion when it sua sponte dismissed the petition.Appellant was convicted of murder and sentenced to fifteen years to life. The trial court entered a nunc pro tunc entry to correct an error of omitting the manner of conviction. Appellant later filed an original action for writ of mandamus to compel the common pleas judge to issue a corrected ruling on his motion for a final, appealable order. The court of appeals sua sponte dismissed the petition, ruling that the trial court had properly filed the nunc pro tunc entry to correct the error in omitting the manner of conviction and concluding that the nunc pro tunc entry misstated of the date of the sentencing hearing but that the error was a mere “scrivener’s error.” The Supreme Court affirmed, holding that the court of appeals properly denied the writ. View "State ex rel. Allen v. Goulding" on Justia Law