2022 Ohio 2982
Ohio Ct. App.2022Background
- Relator Eugene B. McCall was sentenced on consolidated Coshocton County cases 2016CR0062 and 2016CR0097 on January 24, 2017; the trial court ordered the sentences to run concurrently.
- In 2016CR0062 McCall received a six-year term with 2 days jail-time credit; in 2016CR0097 he received an 11‑month term with 67 days jail-time credit.
- McCall contends the 67 days credit should have been applied to the concurrent six-year sentence as well; he filed a verified complaint for a writ of mandamus on July 8, 2022 seeking that relief.
- The trial court had previously denied McCall’s motions for jail-time credit filed May 17, 2021, in both cases (denials entered June 1, 2021); McCall did not appeal those denials.
- Respondent Judge Batchelor moved to dismiss under Civ.R. 12(B)(6); the appellate court dismissed the mandamus action for failure to state a claim, finding McCall had adequate remedies at law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus may compel the trial judge to apply 67 days jail-time credit to both concurrent sentences | McCall: the 67 days was applied only to 2016CR0097 and must also apply to the concurrent six‑year sentence (citing State v. Fugate) | Batchelor: McCall had adequate remedies (filed motions that were denied and did not appeal); mandamus is not proper to correct sentencing errors | Court: Denied mandamus and granted 12(B)(6) dismissal — McCall had adequate remedies at law (direct appeal / appeal of credit denials) |
Key Cases Cited
- State v. Fugate, 883 N.E.2d 440 (Ohio 2008) (discusses allocation of jail‑time credit)
- State ex rel. Berger v. McMonagle, 451 N.E.2d 225 (Ohio 1983) (elements required for writ of mandamus)
- State ex rel. Taylor v. Glasser, 364 N.E.2d 1 (Ohio 1977) (mandamus is extraordinary and to be used with caution)
- State ex rel. Pressley v. Indus. Comm., 228 N.E.2d 631 (Ohio 1967) (high proof standard and discretionary nature of mandamus)
- State ex rel. Ridenour v. O'Connell, 65 N.E.3d 742 (Ohio 2016) (sentencing errors generally remediable by direct appeal, not mandamus)
- State ex rel. Everhart v. McIntosh, 874 N.E.2d 516 (Ohio 2007) (judicial notice of public court records available online)
- State ex rel. Scott v. Cleveland, 859 N.E.2d 923 (Ohio 2006) (judicial notice permitted in original actions without converting a motion to summary judgment)
- State ex rel. Woodbury v. Spitler, 296 N.E.2d 526 (Ohio 1973) (mandamus cannot substitute for an appeal)