State ex rel. Richard v. Chambers-Smith

May 23, 2019 by Justia

The Supreme Court affirmed the decision of the court of appeals denying Appellant's Civ.R. 60(B) motion for relief from judgment and denied the five motions that Appellant filed in this case, holding that the court of appeals did not abuse its discretion in denying Appellant's motion.Appellant filed a complaint for a writ of mandamus arguing that he was entitled to be released from prison. The court of appeals dismissed the complaint, concluding that Appellant was not entitled to a writ of mandamus. Appellant then filed a Civ.R. 60(B) motion seeking relief from the court of appeals' judgment. The court of appeals denied the motion. Appellant later moved for relief from judgment on the same grounds previously asserted. The court of appeals denied the motion on res judicata grounds. The Supreme Court affirmed after denying the Ohio Department of Rehabilitation and Correction's motion to dismiss, holding (1) the court of appeals correctly denied Appellant's second Civ.R. 60(B) motion on the basis of res judicata; and (2) none of Appellant's pending motions had merit. View "State ex rel. Richard v. Chambers-Smith" on Justia Law