State Ex Rel. Avery v. Union County Court of Common Pleas
Ohio Supreme Court
1Per curiam
{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Edward B. Avery Sr., for a writ of mandamus to compel appellee, Union County Court of Common Pleas, to grant his pending motion by causing his sentencing entry to “speak the truth.” “[M]andamus will not lie to control judicial discretion, even if that discretion is abused.” State ex rel. Dreamer v. Mason, 115 Ohio St.3d 190, 2007-Ohio-4789, 874 N.E.2d 510, ¶ 12. Therefore, mandamus will not issue to compel the common pleas court to enter a specific judgment on Avery’s pending motion. State ex rel.…
2Cases cited2 opinions
- State ex rel. Dreamer v. MasonOhio Supreme Court · 2007
- State ex rel. Rashada v. PiankaOhio Supreme Court · 2006
3Cited by3 opinions
- In re Wesley v. Cuyahoga Cty. Court of Common PleasOhio Court of Appeals · 2020
- State ex rel. Keith v. RussoOhio Court of Appeals · 2014
- State ex rel. Williams v. SieveOhio Supreme Court · 2011