State ex rel. Sands v. Culotta
2020 Ohio 3092
Ohio Ct. App.2020Background
- Relator Joseph A. Sands, a pro se prisoner, filed a petition for a writ of mandamus seeking an order directing Judge Vincent A. Culotta to dismiss Sands’ 2006 conviction as void because it was allegedly obtained through perjured testimony by the State’s key witness.
- Sands previously moved in the trial court (denied Feb. 11, 2019) raising the perjury/subject-matter-jurisdiction claim and then appealed to the Eleventh District; that appeal was denied on Dec. 2, 2019.
- Sands sought further review in the Ohio Supreme Court, which declined jurisdiction on Feb. 18, 2020; he then filed the mandamus petition in this court on March 20, 2020.
- Respondent moved to dismiss under Civ.R. 12(B)(6); Sands filed a reply. The mandamus petition rests on the claim that perjured testimony rendered his conviction void and left him no adequate remedy at law.
- The court considered whether an available appellate remedy precludes mandamus and whether the availability (not exhaustion or success) of appeals bars relief.
- The Court of Appeals granted the motion to dismiss and denied the writ because an appeal is a plain and adequate remedy in the ordinary course of law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus may be used to void a conviction allegedly obtained by perjured testimony when appellate review was available | Sands: conviction is void due to perjured testimony; no other remedy remains after appeals | Culotta: appeal is a plain and adequate remedy, so mandamus is unavailable | Mandamus unavailable; petition dismissed because appeal process was an adequate remedy |
| Whether prior unsuccessful appeals or exhaustion affect mandamus availability | Sands: he exhausted appeals and now has no remedy, so mandamus is appropriate | Culotta: availability of appeal process — not whether it was pursued or successful — precludes mandamus | Availability of appellate review, not exhaustion or success, precludes mandamus |
Key Cases Cited
- State ex rel. Zander v. Judge of Summit Cty. Common Pleas Court, 156 Ohio St.3d 466 (2019) (standard for dismissal of mandamus complaint under Civ.R. 12(B)(6))
- State ex rel. Williams v. Sutula, 147 Ohio St.3d 472 (2016) (a right to appeal is an adequate remedy that precludes mandamus)
- State ex rel. Peoples v. Johnson, 152 Ohio St.3d 418 (2017) (an unsuccessful or unpursued appeal does not render the appellate remedy inadequate)
- State ex rel. Pressley v. Indus. Comm., 11 Ohio St.2d 141 (1967) (when an adequate remedy by appeal exists, appellate courts must deny an original mandamus petition)