State ex rel. Walker v. State
Annotate this CaseAfter a jury trial in 1983, Appellant was found guilty of aggravated murder, aggravated burglary, and other offenses. Appellant’s convictions and sentences were affirmed on direct appeal. In 2013, Appellant filed an original action in the court of appeals seeking a writ of mandamus compelling the State to repentance him, arguing that the Supreme Court’s decision in State v. Johnson entitled him to a do novo resentencing. The court of appeals dismissed the petition, concluding that Johnson does not apply retroactively and that claims of sentencing errors are not cognizable in extraordinary writ actions. The Supreme Court affirmed, holding that Appellant was not entitled to a writ of mandamus, as (1) Johnson does not apply retroactively; and (2) Appellant had adequate remedies in the ordinary course of law.
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