2020 Ohio 875
Ohio2020Background
- In 2003 Mark R. Russell was convicted of murder with a firearm specification and sentenced to 18 years to life; the Tenth District affirmed in 2004 and the Ohio Supreme Court declined review.
- In April 2019 Russell filed a mandamus petition in the Tenth District asking the court and Judge Klatt to correct alleged factual inaccuracies in the 2004 opinion and to declare those findings void or inaccurate.
- Russell attached documents he said established the inaccuracies; he named Judge Klatt and the Tenth District as respondents.
- The respondents moved to dismiss; the Tenth District granted the motion, finding mandamus inappropriate because Russell had an adequate remedy at law.
- Russell appealed to the Ohio Supreme Court challenging the dismissal and asserting constitutional violations (Fifth, Sixth, Fourteenth Amendments).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus can compel a court to order itself to correct its own prior opinion | Russell: mandamus proper to correct factual inaccuracies in the 2004 Tenth District decision | Respondents: mandamus cannot be used to command a tribunal to order itself to act | Court: Mandamus will not lie to compel an entity to order itself to act; relief not available |
| Whether Russell lacked an adequate remedy at law | Russell: procedural defaults or counsel errors foreclose other remedies, making mandamus necessary | Respondents: adequate remedies existed—motion for reconsideration, direct appeal to Ohio Supreme Court, or App.R. 26(B) application to reopen | Court: Russell had adequate remedies (reconsideration, discretionary appeal, App.R. 26(B)); mandamus precluded |
Key Cases Cited
- State ex rel. Brown v. Nusbaum, 95 N.E.3d 365 (2017) (de novo review of Civ.R. 12(B)(6) dismissal in mandamus)
- State ex rel. Zander v. Judge of Summit Cty. Common Pleas Court, 129 N.E.3d 401 (2019) (standard for dismissing mandamus complaints under Civ.R. 12(B)(6))
- State ex rel. Love v. O’Donnell, 81 N.E.3d 1250 (2017) (elements required for mandamus relief)
- State ex rel. Turner v. Corrigan, 29 N.E.3d 962 (2015) (discretionary appeal to Ohio Supreme Court is an adequate remedy at law)
- Perry v. Sloan, 77 N.E.3d 942 (2017) (App.R. 26(B) application to reopen direct appeal is an adequate remedy for ineffective assistance on appeal)