State ex rel. Clutter v. Wiseman

2010 Ohio 4987, 127 Ohio St. 3d 214

• Court: Ohio Supreme Court
• Decided: October 20, 2010
• Docket: 2010-0931
• Status: Published

Opinion

Per Curiam.

{¶ 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.