State ex rel. Thomas v. Franklin Cty. Court of Common Pleas (Slip Opinion)

2015 Ohio 474, 26 N.E.3d 810, 141 Ohio St. 3d 547

Opinion

Per Curiam.

{¶ 1} Appellant, John Alfred Thomas, appeals the decision of the Tenth District Court of Appeals to grant judgment on the pleadings and deny Thomas’s request for a writ of mandamus. We affirm.

{¶2} On April 24, 1985, Thomas was convicted of rape. State v. Thomas, Franklin C.P. No. 83 CR 000139 (Apr. 24, 1985). The Tenth District Court of Appeals affirmed. State v. Thomas, 10th Dist. Frankin No. 85AP-414 (Aug. 6, 1986).

{¶ 3} On September 23, 2013, Thomas filed a petition in the Tenth District Court of Appeals seeking a writ of mandamus commanding the Franklin County Court of Common Pleas to acquit him of the rape charge. The Tenth District Court of Appeals granted a motion for judgment on the pleadings. 10th Dist. Franklin No. 13AP-824 (March 18, 2014).

{¶ 4} The court of appeals correctly granted judgment on the pleadings. Mandamus will not issue when the relator has an adequate remedy in the ordinary course of law. State ex rel. Voleck v. Powhatan Point, 127 Ohio St.3d 299, 2010-Ohio-5679, 939 N.E.2d 819, ¶ 7. Thomas had an adequate remedy by way of direct appeal to challenge the sufficiency of the evidence supporting his conviction. State ex rel. Nickleson v. Mayberry, 131 Ohio St.3d 416, 2012-Ohio-1300, 965 N.E.2d 1000, ¶ 2.

Judgment affirmed.

O’Connoe, C.J., and Pfeifer, O’Donnell, Lanzinger, Kennedy, French, and O’Neill, JJ., concur. Ron O’Brien, Franklin County Prosecuting Attorney, and Jesse W. Armstrong, Assistant Prosecuting Attorney, for appellee.