Cool v. Turner, 985 N.E.2d 462

Cool v. Turner

985 N.E.2d 462

Ohio

2013

Check Treatment

COOL, APPELLANT, v. TURNER, WARDEN, APPELLEE

No. 2012–1344

Supreme Court of Ohio

January 17, 2013

135 Ohio St.3d 185, 2013-Ohio-85

Submitted January 9, 2013

McTigue & McGinnis, L.L.C., Donald McTigue, J. Corey Colombo, and Mark A. McGinnis, for contestor.

Taft, Stettinius & Hollister, L.L.P., W. Stuart Dornette, Donald C. Brey, and Beth A. Bryan, for contestee.

Ryan Styer, Tuscarawas County Prosecuting Attorney; and Crabbe, Brown & James, L.L.P., and Andy Douglas, Special Counsel, for respondent Tuscarawas County Board of Elections.

Per Curiam.

{¶ 1} We affirm the judgment dismissing the petition of appellant, Michael E. Cool, for a writ of habeas corpus. He had an adequate remedy by appeal to raise his claim that the trial court erred in denying his motion for jail-time credit. See State ex rel. Rudolph v. Horton, 119 Ohio St.3d 350, 2008-Ohio-4476, 894 N.E.2d 49, ¶ 3. And the fact that Cool has already unsuccessfully invoked alternate remedies in the ordinary course of law by motion and appeal to raise this claim does not entitle him to extraordinary relief in habeas corpus to relitigate the matter. Heddleston v. Mack, 84 Ohio St.3d 213, 702 N.E.2d 1198 (1998). Res judicata bars Cool from using habeas corpus to obtain a successive appellate review of the same claim. State ex rel. Harsh v. Sheets, 132 Ohio St.3d 198, 2012-Ohio-2368, 970 N.E.2d 926, ¶ 1.

Judgment affirmed.

O‘CONNOR, C.J., and PFEIFER, O‘DONNELL, LANZINGER, KENNEDY, FRENCH, and O‘NEILL, JJ., concur.

Michael E. Cool, pro se.

Michael DeWine, Attorney General, and Maura O‘Neill Jaite, Assistant Attorney General, for appellee.

THE STATE EX REL. EUBANK, APPELLANT, v. MCDONALD, JUDGE, APPELLEE

No. 2012-1526

Supreme Court of Ohio

January 17, 2013

135 Ohio St.3d 186, 2013-Ohio-72

Submitted January 9, 2013

Per Curiam.

{¶ 1} We affirm the judgment dismissing the petition of appellant, James R. Eubank, for a writ of mandamus to compel appellee, Lucas County Court of Common Pleas Judge Frederick McDonald, to issue a new sentencing entry that complies with Crim.R. 32(C). Mandamus will not lie to compel an act that has already been performed. State ex rel. Culgan v. Kimbler, 132 Ohio St.3d 480, 2012-Ohio-3310, 974 N.E.2d 88. Eubank‘s sentencing entry fully complied with Crim.R. 32(C) and constituted a final, appealable order because it set forth the fact of his convictions, the sentence, the judge‘s signature, and the time stamp indicating its entry upon the journal by the clerk. See State ex rel. Jones v. Ansted, 131 Ohio St.3d 125, 2012-Ohio-109, 961 N.E.2d 192, ¶ 2. Notwithstanding Eubank‘s argument to the contrary, Crim.R. 32(C) did not require Judge McDonald to specify that some of the crimes for which he was convicted were lesser included offenses of the offenses charged in his indictment. The judge‘s sentencing entry contained a full resolution of the counts for which Eubank was convicted. See State ex rel. Davis v. Cuyahoga Cty. Court of Common Pleas, 127 Ohio St.3d 29, 2010-Ohio-4728, 936 N.E.2d 41, ¶ 2.

Judgment affirmed.

O‘CONNOR, C.J., and PFEIFER, O‘DONNELL, LANZINGER, KENNEDY, FRENCH, and O‘NEILL, JJ., concur.