Martin v. Buchanan

Martin was convicted in Cleveland Heights Municipal Court of receiving stolen property and other charges. The Eighth District Court of Appeals dismissed his appeal for lack of a final order. Martin sought a writ of mandamus to compel Judge Buchanan to issue a final, appealable order. The Eighth District denied the petition because Judge Buchanan had set the matter for a hearing to address the finality of the judgment, so Martin had an adequate remedy at law. Martin’s petition also sought a writ of prohibition against the clerk of courts, alleging that a third party had posted his bail in an unrelated case and that the clerk had fraudulently applied those sums to the fines and costs assessed in this case. The Eighth District also denied that writ, finding that the depositor had consented to that disposition of funds. While his appeal was pending, Judge Buchanan issued a judgment entry. The Supreme Court of Ohio held that Martin’s mandamus petition was moot. Three elements are necessary for a writ of prohibition: the exercise of judicial power, lack of authority to exercise that power, and lack of an adequate remedy in the ordinary course of law. The clerk’s action did not constitute the exercise of judicial or quasi-judicial authority. View "Martin v. Buchanan" on Justia Law