State Ex Rel. Wells v. Jefferson County Court of Common Pleas

Ohio Supreme Court

State Ex Rel. Wells v. Jefferson County Court of Common Pleas

2009 Ohio 2358, 907 N.E.2d 1166, 122 Ohio St. 3d 39

CourtOhio Supreme Court

DecidedMay 27, 2009

Docket2009-0182

StatusPublished

Cited by3 cases

This text of 2009 Ohio 2358 (State Ex Rel. Wells v. Jefferson County Court of Common Pleas) 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. Wells v. Jefferson County Court of Common Pleas, 2009 Ohio 2358, 907 N.E.2d 1166, 122 Ohio St. 3d 39 (Ohio 2009).

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Opinion

Per Curiam.

*40 John E. Wells Sr., pro se. Thomas R. Straus, Jefferson County Prosecuting Attorney, for appellees.

{¶ 1} We affirm the judgment of the court of appeals dismissing a complaint for writs of mandamus and procedendo. Appellant, John E. Wells Sr., failed to allege with the requisite factual specificity that he lacked an adequate remedy at law to raise his claim that he is entitled to a new sentencing entry that complies with Crim.R. 32(C). Inmates are required to plead specific facts rather than unsupported conclusions. State ex rel. Kimbrough v. Greene, 98 Ohio St.3d 116, 2002-Ohio-7042, 781 N.E.2d 155, ¶ 13. In the absence of pleading specific facts that he had requested that his trial court issue a revised sentencing entry, Wells had an adequate remedy in the ordinary course of law by motion in the trial court. Dunn v. Smith, 119 Ohio St.3d 364, 2008-Ohio-4565, 894 N.E.2d 312, ¶ 8-9. Finally, Wells cannot add new matter to the record on appeal to attempt to establish that the trial court had, in fact, rejected his motions for resentencing. Dzina v. Celebrezze, 108 Ohio St.3d 385, 2006-Ohio-1195, 843 N.E.2d 1202, ¶ 16.

Judgment affirmed.

Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.

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Per Curiam.

*40 John E. Wells Sr., pro se. Thomas R. Straus, Jefferson County Prosecuting Attorney, for appellees.

{¶ 1} We affirm the judgment of the court of appeals dismissing a complaint for writs of mandamus and procedendo. Appellant, John E. Wells Sr., failed to allege with the requisite factual specificity that he lacked an adequate remedy at law to raise his claim that he is entitled to a new sentencing entry that complies with Crim.R. 32(C). Inmates are required to plead specific facts rather than unsupported conclusions. State ex rel. Kimbrough v. Greene, 98 Ohio St.3d 116, 2002-Ohio-7042, 781 N.E.2d 155, ¶ 13. In the absence of pleading specific facts that he had requested that his trial court issue a revised sentencing entry, Wells had an adequate remedy in the ordinary course of law by motion in the trial court. Dunn v. Smith, 119 Ohio St.3d 364, 2008-Ohio-4565, 894 N.E.2d 312, ¶ 8-9. Finally, Wells cannot add new matter to the record on appeal to attempt to establish that the trial court had, in fact, rejected his motions for resentencing. Dzina v. Celebrezze, 108 Ohio St.3d 385, 2006-Ohio-1195, 843 N.E.2d 1202, ¶ 16.

Judgment affirmed.

Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.

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2009 Ohio 2358, 907 N.E.2d 1166, 122 Ohio St. 3d 39, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-wells-v-jefferson-county-court-of-common-pleas-ohio-2009.

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