State ex rel. Clutter v. WisemanState ex rel. Clutter v. Wiseman
{¶ 1} We affirm the judgment dismissing the petition of appellant, Ako Thomas, for a writ of mandamus to compel appellee, Hamilton County Court of Common Pleas Judge Patrick DeWine, to resentence him in order to provide him oral notification at his sentencing hearing of his mandatory five-year postrelease-control term. Thomas “had an adequate remedy by way of direct appeal from his sentence to raise his claim that he did not receive proper notification about postrelease control at his sentencing hearing.” Briseno v. Cook, 121 Ohio St.3d 38, 2009-Ohio-308, 901 N.E.2d 798, ¶ 1.
Judgment affirmed.
BROWN, C.J., and PFEIFER, LUNDBERG STRATTON, O‘CONNOR, O‘DONNELL, and CUPP, JJ., concur.
LANZINGER, J., concurs in judgment only.
Ako Thomas, pro se.
{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Kyle L. Clutter, for writs of mandamus and procedendo to compel appellees, Crawford County Court of Common Pleas and Judge Russell B. Wiseman of that court, to resentence him. Clutter has already unsuccessfully sought resentencing by raising a similar claim for writs of mandamus and procedendo. See State ex rel. Clutter v. Crawford Cty. Court of Common Pleas (Mar. 20, 2009), Crawford App. No. 3-09-01. As the court of appeals correctly concluded, res judicata thus barred Clutter from instituting a successive writ action. See State ex rel. Tate v. Calabrese, 125 Ohio St.3d 28, 2010-Ohio-1431, 925 N.E.2d 962.
Judgment affirmed.
BROWN, C.J., and PFEIFER, LUNDBERG STRATTON, O‘CONNOR, O‘DONNELL, and CUPP, JJ., concur.
LANZINGER, J., dissents.
Kyle L. Clutter, pro se.