State ex rel. Tucker v. Matia (Slip Opinion), 147 Ohio St. 3d 418

Samuel L. Tucker pleaded guilty in 2002 to attempted murder and kidnapping and was sentenced to consecutive terms (10 and 5 years).
Tucker filed a mandamus action asking the trial judge to vacate his sentence under State v. Nolan, arguing his conviction was for attempted felony murder, a non‑existent offense after Nolan.
Judge David Matia moved for summary judgment; the Eighth District granted it and dismissed Tucker’s mandamus complaint.
Tucker appealed to the Supreme Court of Ohio seeking a writ ordering vacation of his sentence and resentencing.
The Supreme Court reviewed whether Tucker was convicted of attempted felony murder (invalid under Nolan) or attempted murder (valid).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Tucker was convicted of attempted felony murder, which Nolan found invalid	Tucker: indictment and conviction were for attempted felony murder; Nolan renders that conviction void and subject to vacation	Matia: indictment tracks attempt statute and the murder statute (R.C. 2903.02(A)), not the felony‑murder subsection; Tucker was convicted of attempted murder, not attempted felony murder	Court: Held Tucker was sentenced for attempted murder, Nolan does not apply; mandamus denied
Whether mandamus is the appropriate remedy	Tucker: mandamus to compel judge to vacate sentence due to lack of jurisdiction	Matia: no clear legal duty because conviction stands as attempted murder	Court: Tucker failed to show clear right and duty; ordinary remedies not satisfied by his claim for mandamus

State v. Nolan, 25 N.E.3d 1016 (Ohio 2014) (attempt requires purposeful or knowing conduct; one cannot attempt unintended homicide such as felony murder)
State ex rel. Waters v. Spaeth, 960 N.E.2d 452 (Ohio 2012) (standards for mandamus relief: clear right, clear duty, and lack of adequate remedy; burden of proof by clear and convincing evidence)