THE STATE EX REL. HUGHLEY, APPELLANT, v. MCMONAGLE, JUDGE, APPELLEE.
No. 2008-2262
Supreme Court of Ohio
April 16, 2009
121 Ohio St.3d 536, 2009-Ohio-1703
Submitted April 8, 2009
Richard Cordray, Attorney General, and Laura Erebia Parsons, Assistant Attorney General, for appellee Ohio Public Employees Retirement Board.
Millisor & Nobil Co., L.P.A., Robert E. Dezort, and Scott A. Lefelar, for appellee Summit County.
Per Curiam.
{¶ 1} We affirm the judgment of the court of appeals denying the petition of appellant, Kevin Hughley, for a writ of mandamus to compel appellee, Cuyahoga County Common Pleas Court Judge Timothy McMonagle, to resentence him in two criminal cases. Hughley “has or had adequate remedies in the ordinary course of law, e.g., appeal and postconviction relief, for review of any alleged sentencing error.” State ex rel. Jaffal v. Calabrese, 105 Ohio St.3d 440, 2005-Ohio-2591, 828 N.E.2d 107, ¶ 5. In fact, Hughley was ultimately successful in raising this claim in his direct appeal from these convictions. See State v. Hughley, Cuyahoga App. No. 90323, 2008-Ohio-6146, 2008 WL 5049965, ¶ 37-41. Insofar as Hughley appears to claim that he is entitled to be released from prison, habeas corpus, instead of mandamus, is the appropriate action. State ex rel. Gordon v. Murphy, 112 Ohio St.3d 329, 2006-Ohio-6572, 859 N.E.2d 928, ¶ 5.
Judgment affirmed.
MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O‘CONNOR, O‘DONNELL, LANZINGER, and CUPP, JJ., concur.
William D. Mason, Cuyahoga County Prosecuting Attorney, and James E. Moss, Assistant Prosecuting Attorney, for appellee.