State ex rel. Paige v. Corrigan , 2011 Ohio 4057 ( 2011 )


Menu:
  • [Cite as State ex rel. Paige v. Corrigan, 
    129 Ohio St.3d 448
    , 
    2011-Ohio-4057
    .]
    THE STATE EX REL. PAIGE, APPELLANT, v. CORRIGAN, JUDGE, APPELLEE.
    [Cite as State ex rel. Paige v. Corrigan, 
    129 Ohio St.3d 448
    , 
    2011-Ohio-4057
    .]
    Mandamus to correct sentencing error — Adequate remedy by appeal to correct
    sentencing error — Denial of writ affirmed.
    (No. 2011-0478 — Submitted August 8, 2011 — Decided August 17, 2011.)
    APPEAL from the Court of Appeals for Cuyahoga County,
    No. 95864, 
    2011-Ohio-743
    .
    __________________
    Per Curiam.
    {¶ 1} We affirm the judgment of the court of appeals denying the request
    of appellant, Arnold Paige, for a writ of mandamus to compel appellee, Cuyahoga
    County Court of Common Pleas Judge Peter Corrigan, to vacate his sentence and
    resentence him. Paige “had an adequate remedy by way of direct appeal from his
    sentence to raise his claim that he did not receive proper notification about
    postrelease control at his sentencing hearing.” Briseno v. Cook, 
    121 Ohio St.3d 38
    , 
    2009-Ohio-308
    , 
    901 N.E.2d 798
    , ¶ 1; Patterson v. Ohio Adult Parole Auth.,
    
    120 Ohio St.3d 311
    , 
    2008-Ohio-6147
    , 
    898 N.E.2d 950
    , ¶ 8. Paige also had an
    adequate remedy by appeal to raise his claims that his March 2004 sentencing
    entry contained incorrect terms of postrelease control. State ex rel. Tucker v.
    Forchione, 
    128 Ohio St.3d 298
    , 
    2010-Ohio-6291
    , 
    943 N.E.2d 1006
    , ¶ 1; State ex
    rel. Pruitt v. Cuyahoga Cty. Court of Common Pleas, 
    125 Ohio St.3d 402
    , 2010-
    Ohio-1808, 
    928 N.E.2d 722
    , ¶ 4. This disposition renders moot Judge Corrigan’s
    motion to strike Paige’s merit brief.
    Judgment affirmed.
    SUPREME COURT OF OHIO
    O’CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O’DONNELL,
    LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.
    __________________
    Arnold Paige, pro se.
    ______________________
    2
    

Document Info

Docket Number: 2011-0478

Citation Numbers: 2011 Ohio 4057

Judges: Per Curiam

Filed Date: 8/17/2011

Precedential Status: Precedential

Modified Date: 10/30/2014