On Friday, April 26, 2024, Jeremy L. Chavis filed an instant petition for writ of mandamus with the Ohio Supreme Court challenging the ruling of the Tenth Appellate District Court of Appeals in Franklin County.

Chavis, who is currently incarcerated at the Marion Correctional Institution, was seeking to appeal his 2001 aggravated murder conviction and sentence. He argued that the sentence imposed by the trial court was contrary to law and that he had a constitutional right to appeal under Ohio Revised Code Section 2953.08(A)(4).

In his petition, Chavis explained that he was convicted on two counts of aggravated murder with gun specifications in November 2001. He was originally sentenced to 30 years to life on each count, to run consecutively, along with three additional years for the gun charges, totaling 63 years to life. However, the sentencing entry filed by the Tenth Appellate District Court of Appeals modified the term to 33-years-to-life.

Chavis attempted to appeal this sentence earlier this year by filing a notice of appeal on February 9th. Judges Betsy Luper, Carly M. Edelstein, and David Leland of the Tenth Appellate District Court of Appeals took actions that Chavis argued blocked his right to appeal. On February 13th, the Tenth Appellate District Court of Appeals ordered Chavis’ appellate brief stricken and an amended one to be filed. Then on February 20th, the Tenth Appellate District Court of Appeals issued a journal entry dismissing the appeal, stating it was past the 30-day deadline.

When Chavis filed a motion for reconsideration on March 5th, arguing his sentence was contrary to law, and he had a right to appeal under R.C. 2953.08(A)(4), the Tenth Appellate District Court of Appeals denied this motion on March 11th.

In his mandamus petition, Chavis requested the Ohio Supreme Court to issue a writ compelling the three appellate court judges to allow his appeal of the November 2001 sentencing entry. He asserted that the modified sentence did not accurately reflect what was imposed in court and that he had been denied his constitutional right to due process.

It remains to be seen how the Ohio Supreme Court will rule in this matter regarding Chavis’ mandamus petition challenging the decision of Judges Luper, Edelstein, and Leland of the Tenth Appellate District Court of Appeals. The court will have to determine if his arguments regarding a sentence contrary to law and denial of appellate rights have merit.

A copy of the original filing can be found here.