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State ex rel. Martin v. Russo
130 Ohio St. 3d 269
Ohio
2011
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THE STATE EX REL. MARTIN, APPELLANT, v. RUSSO, JUDGE, APPELLEE.

No. 2011-1223

Supreme Court of Ohio

Submitted October 18, 2011—Decided November 1, 2011.

130 Ohio St.3d 269, 2011-Ohio-5516

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals denying the claim of appellant, Tramaine Martin, for a writ of mandamus to compel appellee, Cuyahoga County Court of Common Pleas Judge Michael J. Russo, to vacate his sentence in a criminal case and resentence him.

{¶ 2} As the court of appeals correctly held, Martin‘s claims of sentencing error, including his allied-offense claim, are not cognizable in an action for an extraordinary writ, because he has an adequate remedy by appeal to raise these claims. See

State ex rel. Voleck v. Powhatan Point, 127 Ohio St.3d 299, 2010-Ohio-5679, 939 N.E.2d 819, ¶ 7 (“Mandamus will not issue when the relators have an adequate remedy in the ordinary course of law“);
State ex rel. Cotton v. Russo, 125 Ohio St.3d 449, 2010-Ohio-2111, 928 N.E.2d 1092
, ¶ 1 (affirming denial of writs of mandamus and procedendo because insofar as relator attempted to raise claims of sentencing error, he had an adequate remedy by appeal to raise them); cf.
Smith v. Voorhies, 119 Ohio St.3d 345, 2008-Ohio-4479, 894 N.E.2d 44
, ¶ 10 (“allied-offense claims are nonjurisdictional and are not cognizable in habeas corpus“).

{¶ 3} Moreover, res judicata bars Martin from raising the same claims he raised in his appeal.

State ex rel. Brown v. Wauford, 129 Ohio St.3d 17, 2011-Ohio-2858, 949 N.E.2d 999, ¶ 2; see
State v. Martin, Cuyahoga App. No. 95281, 2011-Ohio-222, 2011 WL 287192
. “Mandamus is not a substitute for an unsuccessful appeal.”
State ex rel. Marshall v. Glavas, 98 Ohio St.3d 297, 2003-Ohio-857, 784 N.E.2d 97
, ¶ 6.

{¶ 4} Based on the foregoing, we affirm the judgment of the court of appeals.

Judgment affirmed.

O‘CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O‘DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.

Tramaine Martin, pro se.

William D. Mason, Cuyahoga County Prosecuting Attorney, and James E. Moss, Assistant Prosecuting Attorney, for appellee.

Case Details

Case Name: State ex rel. Martin v. Russo
Court Name: Ohio Supreme Court
Date Published: Nov 1, 2011
Citation: 130 Ohio St. 3d 269
Docket Number: 2011-1223
Court Abbreviation: Ohio
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