State ex rel. Smith v. Yost

We affirm the judgment of the court of appeals for the following reasons.

First, a writ of mandamus will not issue if there is an adequate remedy in the ordinary course of the law. R.C. 2731.05. As we held in a habeas corpus case instituted by Smith in which he raised the same claim of an improper jury verdict, extraordinary^ relief is unavailable because Smith could have raised this claim in a direct appeal from his conviction and sentence. Smith v. Seidner (1997), 78 Ohio St.3d 172, 677 N.E.2d 336.

Second, Smith cannot use mandamus to relitigate the same issue he unsuccessfully raised in his…