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STATE EX REL. LISBOA v. McCAFFERTY

No. 93051.

2009 Ohio 4377

State of Ohio, ex rel., Jose Lisboa, Jr., Relator, v. Judge Bridget McCafferty, Respondent.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: August 24, 2009.

Attorney(s) appearing for the Case

Jose Lisboa, Jr., pro se, Rua Santo Amaro, 320, Guaruja, Sao Paulo, Brazil 11410-070, for Relator.

William D. Mason, Cuyahoga County Prosecutor, By: James E. Moss, Assistant County Prosecutor, 8th Floor Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Respondent.

JOURNAL ENTRY AND OPINION

KENNETH A. ROCCO, J.:

{¶ 1} On March 27, 2009, the petitioner, Jose Lisboa, Jr., commenced this prohibition action against the respondent, Judge Bridget McCafferty, to prevent the respondent from proceeding in the underlying case, State of Ohio v. Jose Lisboa, Cuyahoga County Common Pleas Court Case No. CR-451451. Lisboa argues that because the judge imposed a sentence beyond the statutory limits, the conviction...

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