2024 Ohio 1614
Ohio2024Background
- Marcus D. White was convicted in 2003 of felony murder and felonious assault, receiving a sentence of 25 years to life; his convictions and sentences were affirmed on appeal after resentencing.
- White filed multiple unsuccessful actions over the years challenging aspects of his conviction and sentence, particularly regarding a claimed "hanging charge" of felonious assault.
- In May 2021, White sought a writ of mandamus or procedendo to compel the trial court to rule on a postconviction petition (filed December 23, 2020) and a motion addressing the alleged "hanging charge" (filed February 24, 2021).
- Judge Aveni moved to dismiss White’s claims, asserting he had already ruled on the necessary motions; the appellate court agreed, ruling White's claims were moot based on docket entries.
- On appeal to the Ohio Supreme Court, additional motions were brought regarding vexatious litigation and procedural complaints about mail and service.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness of Claims | Judge did not rule on Feb 24 motion; issue remains. | Judge disposed of both matters; docket entry suffices. | Not moot—docket entry not equivalent to journal entry; remanded. |
| Relief for Judicial Notice | Difficulties with prison mail and service; requests judicial notice/relief. | No generally known or accurately determined facts presented. | Relief denied—facts not subject to judicial notice. |
| Vexatious Litigator Status | Actions warranted; some claims have merit. | Habitually frivolous, repetitive litigation. | Denied, as plaintiff prevailed in part in this action. |
| Appropriateness of Remedy | Seeks mandamus/procedendo compelling a judicial ruling. | Claims moot due to previous decisions. | Procedendo appropriate for unaddressed motion. |
Key Cases Cited
- State v. Foster, 109 Ohio St.3d 1 (Ohio 2006) (resentencing guidance for Ohio courts)
- State ex rel. Dehler v. Sutula, 74 Ohio St.3d 33 (Ohio 1995) (procedendo appropriate for court delay)
- State ex rel. Cox v. Youngstown Civ. Serv. Comm., 165 Ohio St.3d 240 (Ohio 2021) (mandamus mootness standard)
- State ex rel. Bunting v. Haas, 102 Ohio St.3d 161 (Ohio 2004) (reversing dismissal of procedendo where no journalized decision existed)
- State ex rel. Grove v. Nadel, 81 Ohio St.3d 325 (Ohio 1998) (journal entries control for appeals)