State ex rel. Roush v. Hickson
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The Supreme Court reversed the judgment of the court of appeals dismissing Appellant's complaint for a writ of mandamus to compel the common pleas court judge who sentenced him to correct what he alleged was an illegal sentence, holding that a court must give the parties notice and an opportunity to be heard before taking notice of facts contained in another court's dockets and relying on those facts to sua sponte dismiss a complaint for failure to comply with Ohio Rev. Code 2969.25.
Appellant filed a complaint for a writ of mandamus arguing that his sentence for attempted murder with specifications was unlawful. The court of appeals sua sponte dismissed the complaint on the grounds that Appellant had failed to comply with section 2969.25(A). The Supreme Court reversed, holding that the court of appeals erred by consulting the record of another case in another court to determine the accuracy of Appellant's section 2969.25(A) and by dismissing Appellant's complaint based on information it obtained without first giving him notice and an opportunity to be heard.
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