State ex rel. Collins v. Saffold
2012 Ohio 278
Ohio Ct. App.2012Background
- Relator Shawn Collins, inmate, challenges sentencing in State v. Collins (CR-488472) before Respondent Judge Strickland Saffold.
- This court previously affirmed Collins's conviction; the Supreme Court of Ohio did not grant review.
- Collins sought mandamus to contest sentencing and alleged ineffective trial and appellate counsel.
- The court held that Foster abrogated Comer, eliminating mandamus relief for the challenged sentencing provisions.
- Relief via mandamus is not appropriate where adequate remedies exist, such as direct appeal, postconviction relief, or App.R. 26(B) reopening.
- Complaint dismissed with costs awarded to relator.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus lies to challenge sentencing under Foster. | Collins argues sentencing noncompliance under R.C. 2929.14(E)(4) and 2929.19(B)(2)(c) (Comer). | Foster abrogated Comer; mandamus not appropriate for sentencing issues. | Mandamus not appropriate; complaint dismissed. |
| Whether Collins had an adequate ordinary remedy aside from mandamus. | Relief should be available via mandamus for sentencing claims. | Appeal or postconviction relief provides adequate remedies. | Relief via mandamus unavailable; remedies exist. |
| Whether mandamus lies to challenge ineffective assistance of counsel. | Ineffective trial/appellate counsel claims entitle relief. | Ineffective assistance claims are addressed by appeal, postconviction, or App.R. 26(B) reopening. | Mandamus not available for such claims; complaint dismissed. |
Key Cases Cited
- State v. Comer, 99 Ohio St.3d 463 (Ohio 2003) (abrogated by Foster; relied on improper judicial fact-finding provisions)
- State v. Foster, 109 Ohio St.3d 1 (Ohio 2006) (abrogated Comer; severed provisions requiring judicial fact-finding)
- State ex rel. Cotton v. Russo, 125 Ohio St.3d 449 (Ohio 2010) (mandamus not available for sentencing challenges in absence of extraordinary relief)
- Everett v. Eberlin, 114 Ohio St.3d 199 (Ohio 2007) (habeas; distinguishes ordinary remedies for counsel claims)
- State ex rel. Sherrills v. State, 91 Ohio St.3d 133 (Ohio 2001) (remedies for ineffective assistance of appellate counsel)