142 Ohio St. 3d 303
Ohio2015Background
- Turner was convicted of robbery in October 2006 and sentenced to five years in prison plus three years postrelease control (PRC).
- The Eighth District vacated the PRC portion and remanded for resentencing due to failure to advise on PRC at sentencing.
- May 29, 2008 resentencing included a 3-year PRC term; Sentencing Order 2 lacked some sentencing details and referred only to PRC.
- On remand, the Eighth District ordered a single document with all required sentencing information (Sentencing Order 3).
- The court of appeals later dismissed Turner’s appeal for lack of a transcript from the May 2008 resentencing; Sentencing Order 3 was not mentioned in that judgment.
- Turner filed mandamus seeking de novo resentencing; the district court granted summary judgment for three reasons, including adequate remedy at law and res judicata.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Civ.R. 56(C) affidavit was required for summary judgment | Turner | Corrigan | No merit; affidavit requirement not controlling here |
| Whether dismissal as moot was proper | Turner | Corrigan | Mootness not properly applied; not dispositive |
| Whether Loc.R. 45(B)(1)(a) affidavit requirement was enforceable | Turner | Corrigan | Turner's proposition has merit; rule enforceability conflicts with Civ.R. 11 |
| Whether Turner had an adequate remedy at law and res judicata barred mandamus | Turner | Corrigan | Turner had an adequate direct-appeal remedy; mandamus properly denied |
Key Cases Cited
- State ex rel. Hiatt v. S. Health Facilities, Inc., 68 Ohio St.3d 236 (1994) (affidavits unnecessary in Civ.R. 11 context)
- State ex rel. Madison v. Cotner, 66 Ohio St.2d 448 (1981) (affidavit verification statute conflicts with Civ.R. 11)
- State ex rel. Leon v. Cuyahoga Cty. Court of Common Pleas, 123 Ohio St.3d 124 (2009) (local rule compliance generally not mandatory when conflicting with higher rule)
- Henneke v. Davis, 25 Ohio St.3d 23 (1986) (constitutional respect for court-promulgated rules over local rules)
- State ex rel. Smith v. O’Connor, 71 Ohio St.3d 660 (1995) (discretionary appeal can bar extraordinary writs)