State ex rel. Arnold v. Gallagher

The Supreme Court affirmed the judgment of the court of appeals denying Appellant’s request for writs of mandamus and/or procedendo against Cuyahoga County Court of Common Pleas Judge Hollie L. Gallagher and Cuyahoga County Clerk of Courts Nailah Byrd and denied the motions filed by Appellant during the pendency of this case.Appellant filed an original action in the court of appeals against Judge Gallagher alleging that his 1995 sentencing entry was void for several reasons. Appellant sought writs of mandamus and/or procedendo to compel Judge Gallagher to conduct a de novo resentencing and issue a new final, appealable order, and to compel Byrd to journalize the new sentencing entry once it was created. The court of appeals granted summary judgment in favor of Judge Gallagher and Byrd. The Supreme Court affirmed, holding that Appellant failed to demonstrate that he was entitled to relief. View "State ex rel. Arnold v. Gallagher" on Justia Law