State ex rel. Harsh v. Oney
Annotate this CaseAfter a jury trial, Appellant was found guilty of operating a motor vehicle under the influence of alcohol, among other offenses. Judge Patricia Oney sentenced Appellant was sentenced to seven years’ incarceration. Appellant filed a petition in mandamus and prohibition in the court of appeals against Judge Oney regarding the legality of his sentence. The court of appeals granted Judge Oney’s motion to dismiss the case. The Supreme Court affirmed, holding (1) because Appellant had brought an earlier mandamus case raising the same sentencing issues, which was previously dismissed by the court of appeals, Appellant’s mandamus claim was precluded by res judicata and was properly dismissed; and (2) because Appellant had an adequate remedy at law by way of appeal and Judge Oney had subject-matter jurisdiction to try Appellant and to sentence him, the court of appeals properly dismissed the prohibition claim.
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