State ex rel. Larkins v. Aurelius, 98-1300
| Decision Date | 09 December 1998 |
| Docket Number | No. 98-1300,98-1300 |
| Parties | The STATE ex rel. LARKINS, Appellant, v. AURELIUS, Judge, Appellee. |
| Court | Ohio Supreme Court |
On appeal, we reversed the judgment of the court of appeals and held that Larkins was not entitled to a writ of habeas corpus. State ex rel. Larkins v. Baker (1995), 73 Ohio St.3d 658, 653 N.E.2d 701.
In 1998, Larkins filed a complaint in the court of appeals for a writ of mandamus to compel appellee, Larkins's trial court judge, to vacate Larkins's 1986 convictions and sentence because of the trial court's failure to comply with R.C. 2945.05. The court of appeals subsequently granted appellee's motion for summary judgment and denied the writ.
This cause is now before the court upon an appeal as of right.
Ronald Larkins, pro se.
Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, and Saleh S. Awadallah, Assistant Prosecuting Attorney, for appellee.
Larkins asserts that the court of appeals erred by denying the writ of mandamus to vacate his criminal convictions. For the following reasons, however, we find that Larkins's claims are meritless and affirm the judgment of the court of appeals.
As the court of appeals correctly held, the failure to comply with R.C. 2945.05 may be remedied only in a direct appeal from a criminal conviction. State v. Pless (1996), 74 Ohio St.3d 333, 658 N.E.2d 766, paragraph two of the syllabus. A claimed violation of R.C. 2945.05 is not the proper subject for an extraordinary writ. See Jackson v. Rose (1997), 79 Ohio St.3d 51, 679 N.E.2d 684, 685.
In addition, because Larkins essentially requests release from prison, mandamus will not lie. State ex rel. Sampson v. Parrott (1998), 82 Ohio St.3d 92, 93, 694 N.E.2d 463, 463-464.
Based on the foregoing, we affirm the judgment of the court of appeals.
Judgment affirmed.
To continue reading
Request your trial
-
State ex rel. Anton I. Billings v. Carolyn B. Friedland, Judge, Court of Common Pleas, Cuyahoga County, Ohio, Case, 99-LW-4090
... ... Court decided the habeas corpus action entitled State ex ... rel. Larkins v. Baker (1995), 73 Ohio St.3d 658, 653 ... N.E.2d 701. In Larkins, where Mr. Larkins, signed ... conviction.'" State ex rel. Larkins v ... Aurelius (June 18, 1998), Cuyahoga App. No. 74115, ... unreported, quoting Pless, 74 Ohio St.3d at ... ...
-
Kelley v. Wilson, 103 Ohio St.3d 201 (OH 9/29/2004)
...right to a jury trial. {¶7} Second, Kelley's jury-trial-waiver claim is not cognizable in habeas corpus. State ex rel. Larkins v. Aurelius (1998), 84 Ohio St.3d 112, 113, 702 N.E.2d 79 ("A claimed violation of R.C. 2945.05 is not the proper subject for an extraordinary writ"); State v. Ples......
-
Torrance C. Pilgrim v. Ohio Department of Rehabilitation and Correction, Adult Parole Authority, 00-LW-2700
... ... Pilgrim, Pro Se, ... #193-060, Ohio State Penitentiary, 878 Coitsville-Hubbard ... Road, ... In the ... case of State ex rel. Washington v. Ohio Adult ... Parole ... See, ... also, State ex rel. Larkins v. Aurelius (1988), 84 ... Ohio St. 3d 112; State ex ... ...
-
State ex rel. Washington v. Ohio Adult Parole Auth.
...In addition, to the extent that Washington seeks release from prison, mandamus is inappropriate. State ex rel. Larkins v. Aurelius (1998), 84 Ohio St.3d 112, 113, 702 N.E.2d 79, 79-80. Based on the foregoing, we affirm the judgment of the court of Judgment affirmed. MOYER, C.J., DOUGLAS, RE......