State ex rel. Peoples v. Johnson

The Supreme Court affirmed the judgment of the court of appeals denying a writ of mandamus to compel Judge David L. Johnson to vacate Appellant’s aggravated murder conviction and issue a final appealable order disposing of one count of having a weapon while under disability that was charged in the same criminal case.At the time of this appeal, Appellant had been imprisoned for more than fifteen years, his conviction and sentence had been upheld on direct appeal, and his collateral attack on the finality of his conviction had been rejected by the court of appeals. The Supreme Court held that Appellant’s appeal from the denial of his motion to vacate his judgment of conviction was an adequate remedy in the ordinary course of law, and accordingly, Appellant’s complaint was barred by the doctrine of res judicata. View "State ex rel. Peoples v. Johnson" on Justia Law