State ex rel. Hunter v. Binette

The Supreme Court affirmed the judgment of the court of appeals denying Appellant’s complaint for a writ of mandamus against Erie County Common Pleas Court Judge Roger E. Binette and denied Appellant’s motions for judgment on the pleadings and for an order to the clerk of courts, as well as Binette’s motion to dismiss.Appellant filed this original action for a writ of mandamus to compel Judge Binette to vacate his sentence and conduct a new sentencing hearing on the grounds that his sentence was void. The court of appeals sua sponte dismissed the complaint as frivolous. The Supreme Court denied the motions filed by Appellant and Binette and affirmed the judgment, holding that the court of appeals properly denied Appellant’s complaint. View "State ex rel. Hunter v. Binette" on Justia Law