[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Barr v. Pittman, Slip Opinion No. 2010-Ohio-4989.]
NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published.
SLIP OPINION NO. 2010-OHIO-4989 THE STATE EX REL. BARR, APPELLANT, v. PITTMAN, JUDGE, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Barr v. Pittman, Slip Opinion No. 2010-Ohio-4989.] Court of appeals’ judgment dismissing petition for writ of mandamus affirmed. (No. 2010-1069 — Submitted October 13, 2010 — Decided October 20, 2010.) APPEAL from the Court of Appeals for Portage County, No. 2010-P-0006, 2010-Ohio-2293. __________________ Per Curiam. {¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Harry Barr, for a writ of mandamus to compel appellee, Portage County Court of Common Pleas Judge Laurie J. Pittman, to vacate his conviction and sentence for attempted rape.1 Barr’s claim that he was denied his
1. Barr is also imprisoned on convictions for other crimes. See http://www.drc. ohio.gov/OffenderSearch/Search.aspx. Otherwise, his mandamus action would be improper because it would seek to compel his release from prison, which would require him to file a habeas
SUPREME COURT OF OHIO
right to a speedy trial is not cognizable in an extraordinary-writ action. See State ex rel. Jackim v. Ambrose, 118 Ohio St.3d 512, 2008-Ohio-3182, 890 N.E.2d 324, and cases cited therein. Barr had an adequate remedy in the ordinary course of law by appeal to raise his claim, and he did so, albeit unsuccessfully, in State v. Barr, Portage App. No. 2008-P-0031, 2009-Ohio-1146, ¶ 42-56, appeal not accepted for review, 122 Ohio St.3d 1480, 2009-Ohio-3625, 910 N.E.2d 479. Mandamus will not lie to gain successive appellate reviews of the same issue. State ex rel. Woods v. Oak Hill Community Med. Ctr. (2001), 91 Ohio St.3d 459, 462, 746 N.E.2d 1108. Judgment affirmed. BROWN, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR,
O’DONNELL, LANZINGER, and CUPP, JJ., concur. __________________ Harry Barr, pro se. Victor V. Vigluicci, Portage County Prosecuting Attorney, and Denise L. Smith, Chief Assistant Prosecuting Attorney, for appellee. ______________________
corpus petition. State ex rel. Gordon v. Murphy, 112 Ohio St.3d 329, 2006-Ohio-6572, 859 N.E.2d 928, ¶ 5.
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