State ex rel. Newell v. Cuyahoga County Court of Common Pleas
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The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's petition requesting a writ of mandamus to compel the Cuyahoga County Court of Common Pleas to vacate journal entries that modified Appellant's original sentencing entries in two criminal cases, holding that the court of appeals did not err.
In 1978, Appellant was convicted, in two separate cases, of numerous crimes. In 2021, Appellant filed a petition for a writ of mandamus alleging that the common pleas court patently and unambiguously lacked jurisdiction to modify his sentences while his convictions were being challenged on appeal. Specifically, Appellant alleged that after he had filed his notices of appeals of his convictions the common pleas court filed journal entires stating that his sentencing entries were modified in part. The court of appeals dismissed the petition and found Appellant to be a vexatious litigator. The Supreme Court affirmed, holding that the court of appeals (1) correctly dismissed Appellant's petition because he did not allege facts showing that the relief he sought would benefit him; and (2) did not err in finding Appellant to be a vexatious litigator.
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