State ex rel. Wynn v. McCormick, 98-31
| Decision Date | 29 July 1998 |
| Docket Number | No. 98-31,98-31 |
| Citation | 696 N.E.2d 593,82 Ohio St.3d 420 |
| Parties | The STATE ex rel. WYNN, Appellant, v. McCORMICK, Judge, Appellee. |
| Court | Ohio Supreme Court |
Appellant, Turhan Wynn, filed a complaint in the Court of Appeals for Cuyahoga County for a writ of mandamus to compel appellee, Cuyahoga County Court of Common Pleas Judge Timothy McCormick, and Cuyahoga County Probation Officer Charlene Shaft, to serve written notice of Wynn's alleged probation violation and conduct a hearing concerning the violation. Judge McCormick filed a motion for summary judgment, attaching his September 1997 judgment, which indicated that he had held a hearing on the probation violation, that Wynn had been fully advised of his constitutional rights and represented by counsel at the hearing, that he had found Wynn to have violated his probation, and that he had revoked Wynn's probation and ordered him to serve the remainder of his original sentence. The court of appeals granted Judge McCormick's motion and denied the writ.
This cause is now before the court upon an appeal as of right.
Turhan Wynn, pro se.
Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, and Diane Smilanick, Assistant Prosecuting Attorney, for appellee.
We affirm the judgment of the court of appeals for the reasons stated in its opinion. Insofar as Wynn claimed entitlement to a probation revocation hearing, mandamus did not lie to compel Judge McCormick to perform an act that he had already performed. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas (1996), 74 Ohio St.3d 278, 279, 658 N.E.2d 723, 724. In addition, to the extent that Wynn now claims that the probation revocation hearing was not timely held pursuant to R.C. 2951.08, he had an adequate remedy in the ordinary course of law by appeal from Judge McCormick's judgment. Absent special circumstances, postjudgment appeal constitutes a complete, beneficial, and speedy remedy, which precludes extraordinary relief in mandamus. State ex rel. Toledo Metro. Fed. Credit Union v. Ohio Civ. Rights Comm. (1997), 78 Ohio St.3d 529, 531, 678 N.E.2d 1396, 1398; R.C. 2731.05.
Judgment affirmed.
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State ex rel. Kreps v. Christiansen
...He failed to allege any special circumstances that would permit him to bypass his appellate remedy. State ex rel. Wynn v. McCormick (1998), 82 Ohio St.3d 420, 421, 696 N.E.2d 593. Dismissal was therefore In addition, for similar reasons, we impose sanctions pursuant to S.Ct.Prac.R. XIV(5). ......
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State ex rel. Jones v. O'Connor, 98-1782
...subsequently denied the motion. Mandamus does not lie to compel an act that has already been performed. State ex rel. Wynn v. McCormick (1998), 82 Ohio St.3d 420, 421, 696 N.E.2d 593. Second, Jones had an adequate remedy at law by appeal to review any sentencing error by Judge O'Connor in f......