State ex rel. Rudert v. Collier
Annotate this CaseIn 2003, Appellant was convicted of two counts of rape. The sentencing entry stated that Appellant “shall be subject to post release control of up to three years.” The trial court later journalized a nunc pro tunc order correcting the 2003 order by stating that Appellant “shall be subject to post release control of up to five years.” After completing his term of incarceration, Appellant filed a motion to terminate postrelease control. The court of common pleas found that the motion was actually a petition for postconviction relief and dismissed it as untimely. Appellant filed filed an action in mandamus and/or prohibition requesting a writ compelling the trial court to issue a valid final judgment in the underlying case. The court of appeals dismissed the petition, concluding that the trial court lost jurisdiction to take action in the criminal case where Appellant had served the maximum prison term. The Supreme Court affirmed on the basis that Appellant had an alternate remedy in the ordinary course of law by way of appealing the trial court’s dismissal of his motion to terminate his postrelease control.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.