Justia Ohio Supreme Court Opinion Summaries
State ex rel. Whittaker v. Lucas County Prosecutor’s Office
The Supreme Court affirmed the judgment of the court of appeals denying Appellant's complaint for a writ of mandamus to compel the Lucas County Prosecutor's Office to bring felonious-assault charges against Ronald Collins and Courtney Lykans for injuries that Appellant's infant daughter sustained while she was in their care, holding that the court of appeals did not abuse its discretion.After Appellant's daughter sustained life-threatening injuries Lykans and Collins were indicted on third-degree felony counts of child endangering. Lykans pled no contest to the charge, and Collins pled no contest to an amended fourth-degree felony charge of attempting child endangering. Plaintiff then filed a complaint for a writ of mandamus asking the court of appeals to order the prosecutor's office to file felonious-assault charges and Lykans and Collins. The court of appeals granted summary judgment in favor of the prosecutor. The Supreme Court affirmed, holding that Appellant did not establish that he had a clear legal right to the requested relief or that the prosecutor had a clear legal duty to provide it. View "State ex rel. Whittaker v. Lucas County Prosecutor's Office" on Justia Law
Posted in:
Personal Injury
State ex rel. Person v. McCarty
The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's complaint for a writ of mandamus compelling Summit County Common Pleas Court Judge Alison McCarty to vacate his conviction and resentence him, holding that the court of appeals correctly dismissed Appellant's complaint.Appellant was convicted of multiple felony charges, including rape, felonious assault, and kidnapping. With respect to the kidnapping charge, the jury did not specify whether Appellant had violated Ohio Rev. Code 2905.01(A)(3), (A)(4), or both. Appellant subsequently filed a complaint for writ of mandamus alleging, among other things, that the jury failed to render a unanimous verdict. The court of appeals dismissed the complaint for failure to state a claim. The Supreme Court affirmed, holding that Appellant had an adequate remedy to challenge the alleged error in his direct appeal. View "State ex rel. Person v. McCarty" on Justia Law
Posted in:
Criminal Law
State ex rel. State Farm Mutual Insurance Co. v. O’Donnell
The Supreme Court granted writs of prohibition and mandamus to prevent Cuyahoga County Common Pleas Court Judge John O'Donnell from exercising jurisdiction over a civil action that was transferred from the Lyndhurst Municipal Court but denied the writ of mandamus ordering Lyndhurst Municipal Court Judge Dominic Coletta to dismiss the case upon its return from the common pleas court.Plaintiff filed a complaint against State Farm Mutual Insurance Company in the small claims division of the Lyndhurst Municipal Court. Judge Coletta granted Plaintiff's subsequent motion to transfer the case to Cuyahoga County Court of Common Pleas, where it was assigned to Judge O'Donnell. State Farm filed a motion to return the case to the municipal court, but Judge O'Donnell denied the motion. State Farm then brought this action. The Supreme Court granted a writ of prohibition to prevent Judge O'Donnell from hearing the case in the Cuyahoga County Court of Common Pleas and granted a peremptory writ of mandamus ordering Judge O'Donnell to return the matter to the Lyndhurst Municipal Court, holding the peremptory writ was appropriate. View "State ex rel. State Farm Mutual Insurance Co. v. O'Donnell" on Justia Law
Posted in:
Civil Procedure, Insurance Law
State ex rel. Armatas v. Plain Township Board of Trustees
The Supreme Court reversed in part and affirmed in part the judgment of the court of appeals denying a writ of mandamus sought by Steven Armatas, holding that Armatas was entitled to a writ of mandamus but that the court of appeals correctly denied attorneys fees.Armatas sought a writ of mandamus to order Plain Township Board of Trustees to produce an invoice for legal services performed on the township's behalf. The township declined to produce the invoice, arguing that it did not possess the invoice and had no duty to provide it. The court of appeals denied the writ, along with Armatas's related claims for statutory damages, attorney fees, and court costs, concluding that the requested records were not public records. The Supreme Court reversed in part, holding (1) Armatas was entitled to a writ of mandamus under the quasi-agency test; (2) Armatas was entitled to statutory damages and an award of court costs; and (3) Armatas was not entitled to attorney fees. View "State ex rel. Armatas v. Plain Township Board of Trustees" on Justia Law
Posted in:
Government Contracts
State ex rel. U.S. Tubular Products, Inc. v. Industrial Commission of Ohio
The Supreme Court affirmed the judgment of the court of appeals denying U.S. Tubular Products, Inc.'s complaint in mandamus ordering the Industrial Commission to vacate its decision requesting John Roush's request for an award of additional compensation, holding that the Commission's decision was supported by evidence in the record.Under Ohio Const. art. II, 35, a worker who sustains injuries as a result of her employer's violation of a specific safety requirement (VSSR) may seek an award of additional compensation. Roush sustained injuries while working at U.S. Tubular, and his workers' compensation claim was allowed for numerous conditions. Roush later filed an application for a VSSR award, claiming that U.S. Tubular had violated specific safety requirements set forth in the Ohio Administrative Code. The Commission granted a VSSR award of an additional twenty-five percent in compensation. U.S. Tubular filed a mandamus complaint seeking a writ compelling the Commission to vacate the VSSR award. The court of appeals denied the writ. The Supreme Court affirmed, holding that the Commission's determinations were supported by evidence in the record. View "State ex rel. U.S. Tubular Products, Inc. v. Industrial Commission of Ohio" on Justia Law
Posted in:
Government & Administrative Law, Personal Injury
State ex rel. Sands v. Culotta
The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's complaint for a writ of mandamus against Lake County Common Pleas Court Judge Vincent A. Culotta, holding that the mandamus complaint was properly dismissed.Appellant was convicted of conspiracy to commit aggravated murder and other felonies. After he was sentenced, Appellant filed a motion to correct his award of jail-time credit. Unhappy with the award, the judge awarded upon granting the motion, Appellant unsuccessfully appealed. Appellant then brought a mandamus complaint seeking to compel Judge Culotta to conduct a new sentencing hearing and to correct his jail-time-credit award. The court of appeals dismissed the complaint. The Supreme Court affirmed, holding that the complaint did not state a cognizable mandamus claim. View "State ex rel. Sands v. Culotta" on Justia Law
Posted in:
Criminal Law
State ex rel. Nyamusevya v. Hawkins
The Supreme Court affirmed the decision of the court of appeals dismissing Appellant's complaint for a writ of mandamus and a writ of prohibition against Franklin County Court of Common Pleas Judge Daniel R. Hawkins, holding that the court of appeals correctly dismissed the cause for failure to state a claim upon which relief can be granted.CitiMortgage Inc. brought a foreclosure action against Appellant, and the trial court granted summary judgment to CitiMortgage. After a trial on damages, the trial court entered a judgment on directed verdict in the full amount owed as claimed by CitiMortgage. Appellant later brought this action alleging, among other things, that alleged defects in the foreclosure case stripped the trial court of jurisdiction. The court of appeals dismissed the complaint. The Supreme Court affirmed, holding that Appellant had an adequate remedy by defending the foreclosure action and appealing the trial court's adverse judgment. View "State ex rel. Nyamusevya v. Hawkins" on Justia Law
Posted in:
Real Estate & Property Law
State ex rel. Bechtel v. Cornachio
In this animal seizure case, the Supreme Court denied a writ of procedendo to compel Respondent, Willoughby Municipal Court Judge Marisa Cornachio, to enter a final judgment regarding a magistrate's probable cause finding in an animal seizure case, holding that the case was moot.Relators commenced this action to compel Judge Cornachio to issue a final judgment in the seizure case. Judge Cornachio subsequently issued a judgment entry in the seizure case. The Supreme Court denied the writ, holding that because Judge Cornachio provided the relief that Relators sought in procedendo and because procedendo will not compel the performance of a duty that has already been performed, the case was moot. View "State ex rel. Bechtel v. Cornachio" on Justia Law
Posted in:
Animal / Dog Law
State ex rel. Lorain County Democratic Party Executive Committee v. LaRose
The Supreme Court denied a writ of mandamus compelling Secretary of State Frank LaRose to appoint Sharon Sweda to the Lorain County Board of Elections, holding that the Lorain County Democratic Party Committee did not demonstrate its entitlement to a writ of mandamus under the circumstances of this case.In rejecting the Committee's recommendation to appoint Sweda for appointment to the Lorain County Board of Elections, LaRose concluded that Sweda had not demonstrated "the judgment or adequate level of integrity necessary to ensure voter confidence." Thereafter, the Committee commenced this expedited action for a writ of mandamus. The Supreme Court denied the writ, holding that the Committee failed to prove that LaRose abused his discretion when he rejected the Committee's recommendation. View "State ex rel. Lorain County Democratic Party Executive Committee v. LaRose" on Justia Law
Posted in:
Election Law, Government & Administrative Law
State ex rel. Cincinnati Action for Housing Now v. Hamilton County Board of Elections
The Supreme Court granted in part and denied in part a writ of mandamus to compel changes to ballot language for a proposed amendment to the Cincinnati City Charter, holding that Relators showed that the Hamilton County Board of Elections abused its discretion and disregarded applicable law.Relators sought to amend the Charter to require the City of Cincinnati to require the City to provide funding for affordable housing and neighborhood stabilization. The Secretary of State approved the ballot language over Relators' objection. Relators then brought this action seeking to compel the Board and Secretary of State to approve new ballot language. The Supreme Court granted the writ in part, holding (1) Relators failed to show that City Council or the Secretary of State had a clear legal duty to provide the requested relief; and (2) the Board improperly prepared and certified ballot language stating that the use of two potential funding sources for a proposed affordable housing trust fund would violate state law. View "State ex rel. Cincinnati Action for Housing Now v. Hamilton County Board of Elections" on Justia Law
Posted in:
Election Law, Government & Administrative Law