State ex rel. Simmons v. Breaux
Annotate this Case
The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's petition for a writ of mandamus against Summit County Court of Common Pleas Judge Alison M. Breaux, holding that Appellant was not entitled to relief on his propositions of law.
Appellant was convicted of rape and domestic violence. The court of appeals affirmed. The Supreme Court summarily vacated the lower courts' judgments and remanded the case to the trial court for resentencing. After a new sentencing hearing the trial court issued a new sentencing entry. Appellant filed a motion to correct a void sentence arguing that the trial court had exceeded the scope of the Supreme Court's remand order when it purportedly imposed a harsher sentence than it had imposed in the original sentencing entry. The trial court denied the motion. Appellant subsequently sought a writ of mandamus to compel the trial court to conduct a new sentencing hearing. The court of appeals granted Judge Breaux's motion to dismiss. The Supreme Court affirmed, holding that Appellant's propositions of law either lacked merit or were not cognizable in mandamus.
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.