State ex rel. Gregley v. Friedman
Annotate this CaseIn 1998, Appellant was found guilty of two counts of aggravated murder and other offenses. Postrelease control was not specifically imposed at the sentencing hearing or in the sentencing entry. Appellant’s convictions were affirmed on appeal. In 2011, Appellant filed a complaint for a writ of procedendo asking the court of appeals to compel the trial judge to resentence him based on the improper imposition of postrelease control at sentencing. The court of appeals dismissed the complaint, concluding that Appellant had an adequate remedy by way of appeal to raise the postrelease-control issue. Nevertheless, the trial court subsequently imposed postrelease control for two of Defendant’s convictions. The court of appeals reversed and remanded. On remand, the trial court vacated the order imposing postrelease control. In 2013, Appellant filed a second complaint for a writ of procedendo arguing that his original sentencing entry was void because postrelease control had not been imposed. The court of appeals denied the petition. The Supreme Court, holding that the petition for a writ of procedendo was barred by res judicata, the case was moot, and Appellant’s arguments were wrong on the merits.
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