Weaver v. McNeil

The appellant, Terry Weaver, appeals the circuit court’s dismissal of his petition for writ of mandamus on the grounds of res judicata. The appellant’s petition sought to compel the Department of Corrections (Department) to apply the basic gain time from all of his uncompleted sentences and the earned gain time to which he is entitled since his return to custody to his current sentences.

The doctrine of res judicata bars subsequent actions between parties to a previous judgment where (1) there is “identity in the thing sued for,” (2) there is “identity in the cause of action,” (3) there is…