State ex rel. Cotton v. Russo
Annotate this Case
Download PDF
[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Cotton v. Russo, Slip Opinion No. 2010-Ohio-2111.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2010-OHIO-2111 THE STATE EX REL. COTTON, APPELLANT, v. RUSSO, JUDGE, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Cotton v. Russo, Slip Opinion No. 2010-Ohio-2111.] Appeal from dismissal of a petition for a writ of mandamus or procedendo Adequate remedy at law No error in sentencing entry Judgment affirmed. (No. 2010-0108 Submitted May 12, 2010 Decided May 19, 2010.) APPEAL from the Court of Appeals for Cuyahoga County, No. 94116, 2010-Ohio-16. __________________ Per Curiam. {¶ 1} We affirm the judgment of the court of appeals denying the claim of appellant, Milton Cotton, for a writ of mandamus or procedendo to compel appellee, Cuyahoga County Court of Common Pleas Judge John Russo, to issue a new sentencing entry in Cotton s criminal case to comply with Crim.R. 32(C). Cotton s sentencing entry fully complied with Crim.R. 32(C), as specified in State SUPREME COURT OF OHIO v. Baker, 119 Ohio St.3d 197, 2008-Ohio-3330, 893 N.E.2d 163, syllabus. See also State ex rel. Agosto v. Cuyahoga Cty. Court of Common Pleas, 119 Ohio St.3d 366, 2008-Ohio-4607, 894 N.E.2d 314, ¶ 10. And insofar as Cotton attempted to raise claims of sentencing error, he had an adequate remedy by appeal to raise them. Smith v. Smith, 123 Ohio St.3d 145, 2009-Ohio-4691, 914 N.E.2d 1036, ¶ 1. Finally, neither res judicata nor the law of the case precluded the court of appeals denial of the writs. Judgment affirmed. BROWN, C.J., and PFEIFER, LUNDBERG STRATTON, O CONNOR, O DONNELL, LANZINGER, and CUPP, JJ., concur. __________________ Milton Cotton, pro se. William D. Mason, Cuyahoga County Prosecuting Attorney, and James E. Moss, Assistant Prosecuting Attorney, for appellee. ______________________ 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
