State ex rel. Sands v. Culotta
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In these consolidated appeals the Supreme Court affirmed the judgments of the court of appeals dismissing Appellant's petition for a writ of mandamus and second petition for a writ of mandamus, holding that even if the dismissals were based on an erroneous rationale, the dismissals were proper.
Defendant was found guilty of several offenses. The court of appeals affirmed the convictions and sentence. Defendant later filed a petition for a writ of mandamus claiming that the trial judge had a legal duty to charge him by way of criminal complaint and that the common pleas court lacked subject matter jurisdiction because a criminal complaint was not filed. In his second mandamus petition Appellant sought an order to compel the trial judge to hold a new sentencing hearing and issue a new order dismissal all but one of his convictions. The court of appeals dismissed both petitions, concluding that Appellant's claims were barred by res judicata. The Supreme Court affirmed, holding that even if the court of appeals erred in granting the motions to dismiss based on res judicata the dismissals were proper because Appellant had an adequate remedy in the ordinary course of law.
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