State ex rel. Brown v. Logan

Appellant, an inmate, filed a motion for leave to amend his omnibus motion, which the trial court did not rule on. The court of appeals remanded for a ruling on the motion, but the court’s entry mistakenly indicated Appellant’s motion was one to withdraw his guilty plea. The court then corrected its mistake. Unaware of the correction, the trial court recognized the court of appeals’ error and denied Appellant’s motion for leave. Appellant then filed petitions for writs of mandamus and/or procedendo in the court of appeals to compel the trial court to rule on his motion for leave to amend. The court of appeals dismissed the first petition as procedurally defective and the second petition as moot because the trial court did rule on the motion for leave. The court also revoked Appellant’s in forma pauperis privileges due to his “repetitious and frivolous conduct.” The Supreme Court affirmed in part and reversed in part, holding (1) the dismissal of Appellant’s first mandamus/procedendo action did not operate as res judicata, but, on the merits, Appellant was not entitled to an extraordinary writ; and (2) Appellant’s complaint did not warrant a revocation of his in forma pauperis privileges. View "State ex rel. Brown v. Logan" on Justia Law