State ex rel. Duncan v. Driscoll
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The Supreme Court affirmed the judgment of the court of appeals denying a writ of mandamus sought by Appellant to compelling the Clark County Prosecuting Attorney to join in the filing of a motion to vacate guilty pleas Appellant had entered in two criminal cases, holding that Appellant's claim was not cognizable in mandamus.
In his writ of mandamus, Appellant sought to compel the Clark County prosecuting attorney to join in the filing of a motion to vacate the guilty pleas that Appellant entered in two criminal cases. The court of appeals denied the writ on the grounds that Appellant had adequate remedies in the ordinary course of the law and that his claim was barred under the doctrine of res judicata. The Supreme Court affirmed on different grounds, holding that Appellant's claim seeking to enforce an alleged contractual duty was not cognizable in mandamus.
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