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Turner v. Brunsman
917 N.E.2d 269
Ohio
2009
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Per Curiam.
Per Curiam.
Per Curiam.

THE STATE EX REL. WATLEY, APPELLANT, v. PFEIFFER, JUDGE, APPELLEE.

No. 2009-0965

Supreme Court of Ohio

October 28, 2009

123 Ohio St.3d 445, 2009-Ohio-5587

Submitted October 20, 2009

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Rayshon Watley, for a writ of mandamus to compel appellee, Franklin County Common Pleas Court Judge Beverly Pfeiffer, to file an action Watley describes as a “1983 civil action.” Watley, who has been declared to be a vexatious litigator, did not seek leave of the court of appeals to proceed with filing his mandamus action, and the court of appeals was thus required to dismiss the action. R.C. 2323.52(F)(2) and (I); State ex rel. Sapp v. Franklin Cty. Court of Appeals, 118 Ohio St.3d 368, 2008-Ohio-2637, 889 N.E.2d 500, ¶ 19-20.

Judgment affirmed.

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

Rayshon Watley, pro se.

Ron O‘Brien, Franklin County Prosecuting Attorney, and Patrick J. Piccininni, Assistant Prosecuting Attorney, for appellee.

TURNER, APPELLANT, v. BRUNSMAN, WARDEN, APPELLEE.

No. 2009-1129

Supreme Court of Ohio

October 28, 2009

123 Ohio St.3d 445, 2009-Ohio-5588

Submitted October 20, 2009

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Donald Turner, for a writ of habeas corpus. Turner‘s claim of nonjurisdictional sentencing errors is not cognizable in habeas corpus. See, e.g., Dunn v. Smith, 119 Ohio St.3d 364, 2008-Ohio-4565, 894 N.E.2d 312, ¶ 10. If, as Turner claims, the trial court refuses to issue a revised sentencing entry, he may compel the court to act through an action for a writ of mandamus or a writ of procedendo. Id. at ¶ 9.

Judgment affirmed.

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

Donald Turner, pro se.

Richard Cordray, Attorney General, and William H. Lamb, Assistant Attorney General, for appellee.

HUGHLEY, APPELLANT, v. SAUNDERS, WARDEN, APPELLEE.

No. 2009-1228

Supreme Court of Ohio

October 28, 2009

123 Ohio St.3d 446, 2009-Ohio-5585

Submitted October 20, 2009

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals denying the petition of appellant, Kevin Hughley, for a writ of habeas corpus. Hughley had an adequate

Case Details

Case Name: Turner v. Brunsman
Court Name: Ohio Supreme Court
Date Published: Oct 28, 2009
Citation: 917 N.E.2d 269
Docket Number: 2009-1129
Court Abbreviation: Ohio
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