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State ex Rel. Thompson v. Burnside

Court of Appeals of Ohio, Eighth District, Cuyahoga County
May 13, 1999
No. 76115 Motion No. 6026 (Ohio Ct. App. May. 13, 1999)

Opinion

No. 76115 Motion No. 6026

Date of Announcement of Decision: May 13, 1999

JUDGMENT: DISMISSED.

APPEARANCES:

For relator:

REDINTOE THOMPSON, pro se, #234-427.

For respondent:

WILLIAM D. MASON, Cuyahoga County Prosecutor; GAIL BAKER, Assistant.


Relator, Redintoe Thompson, through his petition for a writ of mandamus, seeks an order from this court requiring the respondent, Judge Janet R. Burnside, to vacate the plea of guilty and the sentence of incarceration as entered in the underlying case of State v. Thompson, Cuyahoga Common Pleas Case No. CR-254478. The respondent has filed a motion to dismiss.

In order for this court to issue a writ of mandamus, the relator must demonstrate that: 1) the relator possesses a clear legal right to the relief requested; 2) the respondent possesses a clear legal duty to perform the requested act; and 3) the relator possesses no plain an adequate remedy at law. State ex rel. Carter v. Wilkinson(1994), 70 Ohio St.3d 65. In the case sub judice, the realtor has failed to establish the existence of any clear legal right that requires the respondent to vacate the plea of guilty and the sentence of incarceration as entered in Case No. CR-254478. In addition, the relator has failed to establish that the respondent possesses a duty to vacate the plea of judgment and sentence of incarceration as entered in CR-254478. Finally, the relator has failed to establish that he does not possess a plain and adequate remedy at law. State ex rel. Bardo v. Lyndhurst(1988), 37 Ohio St.3d 106; State ex rel. Westchester Estates, Inc. v. Bacon(1980), 37 Ohio St.2d 42.

Accordingly, we grant the respondent's motion to dismiss. Costs to relator.

Writ dismissed.

ANN DYKE. J., CONCURS

___________________________________ JAMES M. PORTER ADMINISTRATIVE JUDGE


Summaries of

State ex Rel. Thompson v. Burnside

Court of Appeals of Ohio, Eighth District, Cuyahoga County
May 13, 1999
No. 76115 Motion No. 6026 (Ohio Ct. App. May. 13, 1999)
Case details for

State ex Rel. Thompson v. Burnside

Case Details

Full title:STATE OF OHIO ex rel. REDINTOE THOMPSON, Relator v. JANET BURNSIDE, JUDGE…

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

Date published: May 13, 1999

Citations

No. 76115 Motion No. 6026 (Ohio Ct. App. May. 13, 1999)