State ex rel. Love v. O’Donnell

Defendant was convicted of felony murder. On appeal, Defendant did not challenge the sufficiency of the jury verdict forms. In postconviction proceedings, however, Defendant did raise an insufficient-verdict-form claim. Both of Defendant’s motions based on claims that the verdict forms were improper were denied. In the instant case, Defendant sought an order compelling the common pleas judge to vacate his sentence and issue a new judgment entry of sentence, arguing that the jury failed to sign the verdict forms for the predicate offense to his felony-murder conviction and, therefore, the jury failed to find him guilty of the necessary predicate offense to that charge, rendering his sentence for felony murder void. The common pleas judge denied relief. The Supreme Court affirmed, holding that Defendant had an adequate remedy in the ordinary course of law by way of his direct appeal, and Defendant’s mandamus claim was barred by res judicata. View "State ex rel. Love v. O'Donnell" on Justia Law