Legal Opinion

State Ex Rel. Avery v. Union County Court of Common Pleas

Ohio Supreme Court

Decided April 7, 2010No. 2009-2346PublishedCited by 3 opinions

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

  1. State ex rel. Dreamer v. MasonOhio Supreme Court · 2007
  2. State ex rel. Rashada v. PiankaOhio Supreme Court · 2006

3Cited by3 opinions

  1. In re Wesley v. Cuyahoga Cty. Court of Common PleasOhio Court of Appeals · 2020
  2. State ex rel. Keith v. RussoOhio Court of Appeals · 2014
  3. State ex rel. Williams v. SieveOhio Supreme Court · 2011

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