Justia Ohio Supreme Court Opinion Summaries

The Supreme Court affirmed the judgment of the court of appeals dismissing the complaint of Appellant for a writ of prohibition or mandamus seeking a writ requiring dismissal of an adoption proceeding concerning his biological child, holding that the complaint was properly dismissed.The adoption case was probate in the probate division of the court of common pleas. Appellee in this action was the judge of that court. In his complaint, Appellant argued that because an adoption cannot be granted under Ohio Rev. Code 3107.06 without the biological father’s consent, he deprived the probate court of jurisdiction by withholding his consent to the adoption. The court of appeals dismissed the prohibition claim. The Supreme Court affirmed, holding (1) because the probate court clearly possessed jurisdiction to determine whether Appellant’s consent was required and because Appellant could appeal any adverse judgment, the court of appeals correctly dismissed the prohibition claim; and (2) mandamus was not proper because Appellant had no legal right to such a dismissal, nor did the common pleas court judge have any legal duty to grant it. View "State ex rel. Roush v. Montgomery" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals denying Appellant’s petition for a writ of mandamus and/or procedendo to compel the Bureau of Sentence Computation of the Ohio Department of Rehabilitation and Correction (DRC) to recalculate his maximum sentence, holding that the court of appeals properly denied Appellant’s request.At issue in this case were Appellant’s sentences he received in 1989, 1992, and 2008. In affirming the denial of Appellants' petition for a writ of mandamus and/or procedendo, the Supreme Court held (1) Appellant argument that the DRC altered the trial court’s 1992 judgment entry was without merit; (2) because DRC did not alter the trial court’s 1992 judgment entry, the court of appeals did not violate Appellant’s due process rights; and (3) a writ of procedendo was not appropriate because DRC is not a court. View "State ex rel. Hunley v. Department of Rehabilitation & Correction" on Justia Law

The Supreme Court affirmed the court of appeals dismissing Appellant’s complaint for a writ of habeas corpus against Respondent, warden of the Noble Correctional Institution, holding that the allegations in Appellant’s petition did not state a claim for a writ of habeas corpus.Appellant pleaded guilty to two counts of rape. Appellant was incarcerated at the Noble Correctional Institution when he filed his petition for a writ of habeas corpus alleging he was tried and sentenced as an adult without ever appearing in juvenile court for a bindover hearing. The court of appeals granted Respondent’s motion to dismiss. The Supreme Court affirmed, holding that the common pleas court had subject matter jurisdiction over Appellant in the underlying proceedings. View "Bear v. Buchanan" on Justia Law

The Supreme Court affirmed the decision of the court of appeals dismissing Appellant’s petition for writ of habeas corpus, holding that the court of appeals correctly dismissed the writ for failure to state a claim upon which habeas relief can be granted.In his complaint for a writ of habeas corpus Appellant alleged that the Interstate Agreement of Detainers (IAD) required the state to bring him to trial within 180 days, and because the state failed to do so, the common pleas court lacked jurisdiction to try him. The Supreme Court held (1) a violation of the IAD speedy-trial requirement is not jurisdiction and may be remedied by way of direct appeal; and (2) Appellant was not entitled to relief on his remaining propositions of law. View "Dean v. Marquis" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant’s complaint for a writ of mandamus for failure to pay the filing fee but modified the judgment to hold that the dismissal was without prejudice, holding that the mandamus complaint should have been dismissed on the basis that it was filed by non-licensed attorney.Sean Swain, then an inmate and the authorized agent for the Army of the Twelve Monkeys, an unincorporated nonprofit association, filed a complaint on behalf of the Army for a writ of mandamus in the court of appeals against the Warren County Court of Common Pleas alleging that the common pleas court failed in its duty to provide the Army with copies of filings in a pending lawsuit that the Army had filed against the Warren Correctional Institution. The court of appeals dismissed the complaint with prejudice. The Supreme Court affirmed, holding that the mandamus complaint that Swain filed on behalf of the Army violated Ohio Rev. Code 4705.01 and should have been dismissed on that basis. View "State ex rel. Army of the Twelve Monkeys v. Warren County Court of Common Pleas" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals sua sponte dismissing Appellant’s petition for a writ of mandamus, holding that the court of appeals did not abuse its discretion when it sua sponte dismissed the petition.Appellant was convicted of murder and sentenced to fifteen years to life. The trial court entered a nunc pro tunc entry to correct an error of omitting the manner of conviction. Appellant later filed an original action for writ of mandamus to compel the common pleas judge to issue a corrected ruling on his motion for a final, appealable order. The court of appeals sua sponte dismissed the petition, ruling that the trial court had properly filed the nunc pro tunc entry to correct the error in omitting the manner of conviction and concluding that the nunc pro tunc entry misstated of the date of the sentencing hearing but that the error was a mere “scrivener’s error.” The Supreme Court affirmed, holding that the court of appeals properly denied the writ. View "State ex rel. Allen v. Goulding" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals denying Appellant’s petition for a writ of mandamus against Appellees, the director of the Ohio Department of Rehabilitation and Correction and the acting chair of the Ohio Parole Board (collectively, DRC), seeking to compel DRC to correct purported factual errors in his parole file and grant him a new hearing, holding that the court of appeals did not err in denying the petition.In 1998, a jury found Appellant guilty of murder and sentenced him to fifteen years to life. After a parole hearing in 2015, the parole board concluded that Appellant was not suitable for release. Appellant then sought reconsideration from DRC alleging that there were several factual errors in his parole record. In 2017, Appellant filed his petition for writ of mandamus. The court of appeals denied the writ. The Supreme Court affirmed, holding that Appellant was not entitled to a writ of mandamus requiring the parole board to correct the alleged errors. View "State ex rel. Brust v. Chambers-Smith" on Justia Law

The Supreme Court denied the writs of prohibition and mandamus sought by Relators to order the Warren County Board of Elections to remove from the May 7 ballot a referendum on a 2018 resolution adopted by the Wayne Township Board of Trustees relating to property on which Relators sought to construct a housing development, holding that the board of elections did not abuse its discretion or clearly disregard applicable law.The resolution adopted by the township trustees amended the zoning district for the subject properties from residence single family zone to village transition PUD. Relators submitted a protest on the referendum. The board rejected the protest. Relators then filed this action seeking a writ of prohibition and a writ of mandamus ordering the board to sustain Relators’ protest of the referendum. The Supreme Court denied the writs, holding that Relators were not entitled to either writ. View "State ex rel. Federle v. Warren County Board of Elections" on Justia Law

The Supreme Court affirmed the dismissal of Appellant’s complaint for writs of mandamus and prohibition against Warren County Common Pleas Court Judge Timothy Tepe, holding that Appellant failed to demonstrate that the common pleas court lacked jurisdiction over his habeas case.Appellant was convicted of murder and felonious assault, with firearm specifications. Appellant, currently a prisoner in the Warren Correctional Institution, filed a petition for a writ of habeas corpus. Judge Michael Gilb dismissed the complaint based on res judicata and for failure to state a claim cognizable in habeas. Thereafter, Appellant commenced the present action against Judge Gilb alleging that the judge patently and unambiguously lacked jurisdiction to hear Appellant’s habeas petition. Judge Tepe, as successor to Judge Gilb, filed a motion to dismiss. The court of appeals granted the motion. The Supreme Court affirmed, holding that Appellant was not entitled to relief in mandamus or prohibition to undo Gilb’s judgment. View "State ex rel. White v. Tepe" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals dismissing the complaint for a writ of mandamus filed by Appellant, an inmate, holding that compliance with Ohio Rev. Code 2969.26(A) is mandatory and that an inmate’s failure to comply with the statute warrants dismissal of the inmate’s action.Appellant, an inmate at the North Central Correctional Institution (NCCI), filed his complaint for a writ of mandamus against three employees of the NCCI. NCCI moved to dismiss the complaint for failure to state a claim. The court of appeals granted the motion because, among other things, Appellant failed to attach a proper affidavit as required by section 2969.26(A). The Supreme Court affirmed, holding that the court of appeals correctly dismissed Appellant’s complaint due to noncompliance with section 2969.26(A). View "State ex rel. Howard v. Turner" on Justia Law