Humphrey v. Owens , et al.

Defendant entered a negotiated plea of guilty on one count of child molestation in October 2003 and was sentenced to twenty years probation. In October 2010, defendant filed a petition for writ of mandamus seeking to compel a change from supervised to unsupervised probation; the termination of mandatory therapy sessions and polygraph tests; and the restoration of his access to computers. The trial court dismissed the petition and defendant appealed. The court held that defendant could not demonstrate a right to mandamus relief, as mandamus was not a proper vehicle for obtaining post-appeal review of a sentence imposed by a state court. Moreover, defendant had access to the remedy of habeas corpus. That the utilization of such remedy could be barred by the statute of limitation, did not render it inadequate. Accordingly, the trial court did not err by dismissing defendant's petition for mandamus.