State ex rel. James v. Kelley

Citations

• 2026 Ohio 937

Syllabus

Mandamus, petition for postconviction relief, sentence reduction, new trial, evidentiary hearing. To be granted mandamus, the relator must establish (1) a clear legal right to the requested relief, (2) a clear legal duty on the part of the respondent-judge, and (3) the lack of an adequate remedy in the ordinary course of the law. The Ohio Supreme Court has held \[t]he availability of an appeal is an adequate remedy sufficient to preclude a writ.\ The availability of an appeal is an adequate remedy in the ordinary course of the law even if the relator fails to pursue an appeal. Herein, the relator has failed to establish that he possesses the right to sentence reduction, a new trial, or an evidentiary hearing because vague allegations of various violations of constitutional and statutory rights, such as the denial of due process or equal protection, cannot be addressed through mandamus.