State ex rel. Romine v. McIntosh
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The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's complaint for a writ of mandamus or a writ of prohibition against Judge Stephen McIntosh of the Franklin County Court of Common Pleas, holding that the court of appeals did not err.
Appellant was found guilty of all counts in two criminal cases. Judge McIntosh sentenced Defendant. Appellant then filed an original action seeking a writ of mandamus or a writ of prohibition against Judge McIntosh alleging that the judge had improperly sentenced him. The court of appeals concluded that mandamus was not available because Appellant could have challenged his convictions in a direct appeal. The Supreme Court affirmed, holding that because Appellant's sentencing entry was voidable, mandamus will not lie.
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