State Ex Rel. Davis v. Cleary

Krupansky, Chief Justice.

Relator, Christopher Davis, commenced this mandamus action against respondent, Judge Patricia Cleary of the Court of Common Pleas of Cuyahoga County, to compel her to vacate his sentences for various firearm specifications as well as an indefinite sentence. The gravamen of his claim is that the judge did not follow the law of the case doctrine when she resentenced him after this court remanded the case. Judge Cleary has moved to dismiss the mandamus, and in response Davis has moved for summary judgment. For the following reasons, this court grants the judge’s motion…