State ex rel. Turner v. Corrigan

29 N.E.3d 962, 142 Ohio St. 3d 303
CourtOhio Supreme Court
DecidedMarch 24, 2015
DocketNo. 2013-1811
StatusPublished
Cited by1 cases

This text of 29 N.E.3d 962 (State ex rel. Turner v. Corrigan) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Turner v. Corrigan, 29 N.E.3d 962, 142 Ohio St. 3d 303 (Ohio 2015).

Opinion

Per Curiam.

{¶ 1} Appellant, Donald Turner, appeals the judgment of the Eighth District Court of Appeals denying his petition for a writ of mandamus. We affirm.

Facts

{¶ 2} Turner was convicted of robbery in October 2006. State v. Turner, Cuyahoga C.P. No. CR-453056. The trial court, Judge Brian Corrigan, sentenced him to five years in prison and three years of postrelease control (“Sentencing Order 1”).

{¶ 3} On appeal, the Eighth District Court of Appeals vacated Sentencing Order 1 and remanded the cause for resentencing because the trial court had failed to advise Turner about the particulars of postrelease control at the sentencing hearing. 8th Dist. Cuyahoga No. 88958, 2007-Ohio-5732, 2007 WL 3105423, ¶ 54-57.

{¶ 4} On May 29, 2008, Turner appeared before the trial court for resentencing. In open court, the trial judge advised Turner that he would be subject to three years of postrelease control and that a failure to abide by the terms of postrelease control could result in additional prison time. The corresponding entry issued by the trial court did not include the means of conviction or the prison, term but instead referred only to the postrelease-control term: “The court amends its sentencing entry to include 3 years of PRC [postrelease control]” (“Sentencing Order 2”).

{¶ 5} Turner then appealed from Sentencing Order 2. On October 31, 2008, the court of appeals remanded the case to the trial court for 12 days only, with instructions to clarify Sentencing Order 2. Specifically, the appellate court ordered the trial court to produce a new entry containing all required information, including the means of conviction and the terms of the sentence, in a single document. 8th Dist. Cuyahoga No. 91695 (Oct. 31, 2008).

{¶ 6} On November 12, 2008, the trial court issued Sentencing Order 3 in response to the remand order. One month later, on December 18, 2008, the court of appeals dismissed Turner’s appeal for failure to file a transcript of the May 2008 resentencing hearing. 8th Dist. Cuyahoga No. 91695, 2008-Ohio-6648, 2008 WL 5258483. The judgment did not mention Sentencing Order 3. Turner sought discretionary review in this court, but his appeal was not accepted. 121 Ohio St.3d 1476. 2009-0hio-2045. 905 N.E.2d 655.

[305]*305 Subsequent procedural history

{¶ 7} Turner alleges that the appellate court mandated a de novo resentencing and that Sentencing Order 3 did not comply with that mandate. He claims that he has still not been validly sentenced and that Judge Corrigan remains under a clear legal duty to resentence him de novo.

{¶ 8} Turner sought relief by filing a petition for a writ of habeas corpus, only to find that nonjurisdictional sentencing errors are not cognizable in habeas corpus. Turner v. Brunsman, 123 Ohio St.3d 445, 2009-Ohio-5588, 917 N.E.2d 269, ¶ 1. He then commenced an original action for a "writ of mandamus against Judge Corrigan (and other respondents) in this court. State ex rel. Turner v. Stewart, case No. 2012-1867. In his third ground for relief in his mandamus action, Turner challenged the validity of the sentencing entries issued after the first remand. We granted the respondents’ motions to dismiss, without opinion, on January 23, 2013. 134 Ohio St.3d 1413, 2013-Ohio-158, 981 N.E.2d 881.

{¶ 9} On July 11, 2013, Turner filed a petition for a writ of mandamus in the Eighth District Court of Appeals. Turner sought a writ compelling Judge Corrigan to resentence him de novo, which he claimed was required by the appellate court’s decision in his appeal from Sentencing Order 1.

{¶ 10} Judge Corrigan filed a motion for summary judgment in lieu of an answer. On October 22, 2013, the court of appeals granted summary judgment in favor of Judge Corrigan for three reasons: (1) Turner failed to attach an affidavit to his mandamus complaint, as required by Loc.R. 45(B)(1)(a) of the Eighth District Court of Appeals, (2) Turner had an adequate remedy at law, and (3) res judicata applied.

{¶ 11} Turner timely appealed to this court, raising five arguments in four propositions of law, which we now address.

Legal analysis

The absence of a Civ.R. 56(C) affidavit (proposition of law No. 1)

{¶ 12} In his first proposition of law, Turner objects to the court of appeals’ granting of summary judgment based on exhibits that were not authenticated by affidavit, contrary to Civ.R. 56(C). This argument is not well taken.

{¶ 13} The court required no evidentiary materials to determine that Turner’s affidavit was defective or that he had failed to state a claim in mandamus. All that was required was an examination of the complaint itself. Indeed, with respect to the court’s ruling that the affidavit was defective, the court made clear that it was not granting summary judgment, but rather was dismissing the petition.

{¶ 14} The first proposition of law has no merit.

[306]*306Mootness (proposition of law No. 2)

{¶ 15} In his second proposition of law, Turner asserts that the court of appeals erred in paragraph four of its decision, when it dismissed his complaint as moot. However, the only thing the court of appeals did in paragraph four was acknowledge that Judge Corrigan raised mootness as a defense. The court of appeals never adopted mootness as a basis for dismissing the present case, and therefore, this proposition of law has no merit.

The affidavit requirement (proposition of law No. 3)

{¶ 16} Turner argues in proposition of law No. 3 that it was error to dismiss his petition for violating Loc.R. 45(B)(1)(a). Although we agree with this proposition of law, it does not alter the outcome of the appeal, as discussed below.

{¶ 17} The Eighth District Court of Appeals’ local rule governing original actions provides: “All complaints must contain the specific statements of fact upon which the claim of illegality is based and must be supported by an affidavit from the plaintiff or relator specifying the details of the claim.” Loc.R. 45(B)(1)(a). Turner’s affidavit incorporated the factual allegations of the complaint by reference and then stated that the allegations were “true and correct to the best of [his] own personal knowledge, information, and belief.” The court of appeals dismissed Turner’s petition for failure to comply with Loc.R. 45(B)(1)(a).

{¶ 18} The Ohio Constitution permits a court to adopt local rules governing practice in that court, so long as the rule in question is not inconsistent with any rule governing practice or procedure promulgated by the Ohio Supreme Court. Article IV, Section 5(B), Ohio Constitution; State ex rel. Henneke v. Davis, 25 Ohio St.3d 23, 24, 494 N.E.2d 1133 (1986). We have previously held that a statute requiring complaints to include affidavits of verification is unenforceable because it conflicts with Civ.R. 11, which states that pleadings “need not be verified or accompanied by affidavit.” See Hiatt v. S. Health Facilities, Inc., 68 Ohio St.3d 236, 237-238, 626 N.E.2d 71 (1994) (striking down statute requiring the submission of an affidavit as part of a medical-malpractice complaint); State ex rel. Madison v. Cotner,

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Bluebook (online)
29 N.E.3d 962, 142 Ohio St. 3d 303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-turner-v-corrigan-ohio-2015.