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Aveey v. Union County Court of Common Pleas

Supreme Court of Ohio
Apr 7, 2010
2010 Ohio 1427 (Ohio 2010)

Opinion

No. 2009-2346.

Submitted March 31, 2010.

Decided April 7, 2010.

APPEAL from the Court of Appeals for Union County, No. 14-09-35.

Edward B. Avery Sr., pro se.


{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Edward B. Avery Sr., for a writ of mandamus to compel appellee, Union County Court of Common Pleas, to grant his pending motion by causing his sentencing entry to "speak the truth." "[M]andamus will not lie to control judicial discretion, even if that discretion is abused." State ex rel. Dreamer v. Mason, 115 Ohio St.3d 190, 2007-Ohio-4789, 874 N.E.2d 510, ¶ 12. Therefore, mandamus will not issue to compel the common pleas court to enter a specific judgment on Avery's pending motion. State ex rel. Rashada v. Pianka, 112 Ohio St.3d 44, 2006-Ohio-6366, 857 N.E.2d 1220, ¶ 3.

Judgment affirmed.

MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O'CONNOR, O'DONNELL, LANZINGER, and CUPP, JJ., concur.

The late Chief Justice Thomas J. Moyer participated in the deliberations in, and the final resolution of, this case prior to his death.


Summaries of

Aveey v. Union County Court of Common Pleas

Supreme Court of Ohio
Apr 7, 2010
2010 Ohio 1427 (Ohio 2010)
Case details for

Aveey v. Union County Court of Common Pleas

Case Details

Full title:THE STATE EX REL. AVEEY, APPELLANT, v. UNION COUNTY COURT OF COMMON PLEAS…

Court:Supreme Court of Ohio

Date published: Apr 7, 2010

Citations

2010 Ohio 1427 (Ohio 2010)
2010 Ohio 1427
925 N.E.2d 969

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