State ex rel. Curtis v. Phipps

Citations

• 161 N.E.3d 34
• 2020 Ohio 5025

Syllabus

Objections to magistrate's decision overruled in original action for writ of mandamus brought by Relator against Respondent trial court judge. The magistrate properly applied the relevant law, as it existed at the time magistrate's decision issued, to the facts at issue and appropriately found Relator had failed to demonstrate he was entitled to a writ of mandamus as to Respondent, who had sentenced Relator in a criminal case. Magistrate's decision, modified to reflect the law relating to the imposition of post-release control as revised by the subsequently issued decision of the Ohio Supreme Court in State v. Harper, __ Ohio St.3d ___, 2020-Ohio-2913, adopted. Respondent's motion to dismiss granted, and Relator's request for writ of mandamus denied. Respondent's request for judgment on the pleadings also denied.