State ex rel. Peoples v. Johnson (Slip Opinion), 97 N.E.3d 426

In 2001 Peoples was indicted for aggravated murder (with firearm and drive-by specifications) and having a weapon while under disability; jury convicted him of aggravated murder and specifications in 2002 and he received an aggregate 34-year sentence. The record did not show disposition or sentence for the weapons count.
Peoples did not raise the alleged omission on direct appeal; the Tenth District affirmed his conviction on direct appeal in 2003.
In 2014 Peoples moved in the trial court to vacate his aggravated-murder conviction, arguing the judgment was not final because it failed to dispose of the weapons count; the trial court denied relief and the Tenth District affirmed in 2014. This court declined jurisdiction in 2015.
In 2015 Peoples filed a mandamus action in the Tenth District asking the trial judge to vacate the aggravated-murder conviction and enter a final judgment disposing of all counts; the trial judge moved to dismiss and the court treated the motion as summary judgment.
The court of appeals held Peoples had an adequate remedy by appeal and that res judicata barred his mandamus claim; Peoples appealed to the Ohio Supreme Court and sought a default judgment against the judge who did not appear.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial-court judgment was nonfinal because it failed to dispose of the weapons count	Peoples: judgment is not final; omission renders conviction void and mandamus is appropriate to compel a valid final judgment	Judge/State: prior appellate review and denial of vacatur show finality; appeal was adequate remedy and res judicata bars collateral attack	Court: Judgment was effectively final for aggravated-murder conviction; Peoples had an adequate remedy by appeal and res judicata bars mandamus
Whether mandamus is available after prior appeal and denial of motion to vacate	Peoples: prior appeals lacked jurisdiction so mandamus remains available	Judge/State: availability of appeal (and Peoples’s use of it) precludes extraordinary relief; mandamus cannot substitute for an available appellate remedy	Court: Availability and use of appellate remedies preclude mandamus; mandamus denied
Whether res judicata bars relitigation of subject-matter jurisdiction once litigated	Peoples: jurisdiction question can be reopened due to alleged void judgment	Judge/State: prior adjudication of the issue forecloses collateral attack	Court: Res judicata applies to jurisdictional determinations once litigated; relitigation barred
Whether default judgment against the judge is warranted for failure to appear	Peoples: sought default judgment	Judge: did not appear; court declines default	Court: Motion for default denied; appeal affirmed

State ex rel. Bradford v. Dinkelacker, 146 Ohio St.3d 219 (2016) (mandamus elements and adequate remedy rule)
State ex rel. Luoma v. Russo, 141 Ohio St.3d 53 (2014) (availability of appeal bars mandamus)
State ex rel. LTV Steel Co. v. Gwin, 64 Ohio St.3d 245 (1992) (extraordinary writs not substitute for successive appeals)
State ex rel. Walker v. State, 142 Ohio St.3d 365 (2015) (an unsuccessful prior appeal remains an adequate remedy)
State ex rel. Barr v. Pittman, 127 Ohio St.3d 32 (2010) (mandamus unavailable where adequate appellate remedy existed)
Travelers Indem. Co. v. Bailey, 557 U.S. 137 (2009) (finality of judgments and danger of endless relitigation)
Ins. Corp. of Ireland, Ltd. v. Compagnie des Bauxites de Guinee, 456 U.S. 694 (1982) (res judicata applies to jurisdictional determinations)
Willy v. Coastal Corp., 503 U.S. 131 (1992) (practical necessity of finality prevents collateral relitigation of jurisdiction)
State ex rel. Mora v. Wilkinson, 105 Ohio St.3d 272 (2005) (mandamus claim barred by res judicata when same issues were litigated previously)