STATE EX REL. DAVIS v. CLEARY

No. 61370.

77 Ohio App.3d 494 (1991)

The STATE ex rel. DAVIS v. CLEARY, Judge, Cuyahoga County Court of Common Pleas.

Court of Appeals of Ohio, Cuyahoga County.

Decided September 30, 1991.


Attorney(s) appearing for the Case

Beverly J. Pyle, County Public Defender, for relator.

Stephanie Tubbs Jones, County Prosecutor, and George J. Sadd, Assistant County Prosecutor, for respondent.


KRUPANSKY, Chief Justice.

Relator, Christopher Davis, commenced this mandamus action against respondent, Judge Patricia Cleary of the Court of Common Pleas of Cuyahoga County, to compel her to vacate his sentences for various firearm specifications as well as an indefinite sentence. The gravamen of his claim is that the judge did not follow the law of the case doctrine when she resentenced him after this court remanded the case. Judge Cleary has moved to dismiss the...

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