Justia Ohio Supreme Court Opinion Summaries

In this original action brought by Relator seeking a writ of mandamus to compel the Guernsey County Sheriff to release records related to a criminal case against Bryan Bates, the Supreme Court denied Relator's petition for a writ of mandamus and denied her request for court costs but awarded her statutory damages in the amount of $1,000.When the sheriff did not respond to Relator's requests seeking public records relating to the criminal case State v. Bates, Relator brought this action seeking a writ of mandamus to compel the sheriff to provide the requested records. The Supreme Court (1) denied Relator's mandamus claim because Relator failed to prove that the requested records existed or that they were in the custody of the sheriff's office, (2) denied Relator's request for court costs because the Court denied Relator's mandamus claim, and (3) granted Relator the maximum amount of statutory damages because Relator showed that the sheriff's response was incomplete. View "State ex rel. Cordell v. Paden" on Justia Law

The Supreme Court adopted the findings of the Board of Professional Conduct that Judge Robert Nathaniel Rusu Jr., the Mahoning County Probate Court judge, violated several rules of the Code of Judicial Conduct and publicly reprimanded Rusu for his misconduct.The Board found that Rusu's conduct of presiding over cases in which Judge Rusu previously served as an attorney of record and failed to take reasonable steps to protect his clients' interests after terminating his representation violated Jud.Cond.4. 1.2 and 2.11(A) and Prof.Cond.R. 1.16(d). The Supreme Court adopted the Board's findings and, after considering the misconduct, the mitigating factors, and the sanctions imposed for comparable misconduct, agreed that public reprimand was the appropriate sanction. View "Disciplinary Counsel v. Rusu" on Justia Law

The Supreme Court affirmed the decision of the court of appeals dismissing Appellant’s petition for a writ of mandamus against Summit County Common Pleas Court Judge Jill Lanzinger, holding that the court of appeals correctly dismissed the petition.In his petition, Appellant alleged that the trial court lacked jurisdiction over his criminal case because a criminal complaint was never filed against him. Appellant requested the writ compelling Judge Lanzinger to produce the criminal complaint or else dismiss the judgment against him. The court of appeals dismissed the petition sua sponte on the grounds that Appellant failed to comply with the filing requirements of Ohio Rev. Code 2969.25(C). The Supreme Court affirmed, holding that because Appellant did not comply with the requirements of section 2969.25(C) the court of appeals properly dismissed his complaint. View "State ex rel. Powe v. Lanzinger" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant’s petition for a writ of habeas corpus, holding that Appellant’s claim was not cognizable in a habeas corpus action.Appellant was convicted of aggravated murder and murder. After merging the offenses for purposes of sentencing, the trial court sentenced Appellant to life imprisonment with the possibility of parole after twenty years for the aggravated murder conviction. Appellant later filed a habeas corpus petition arguing that his sentence was void because the trial court had improperly imposed multiple sentences for allied offenses. The court of appeals dismissed the petition. The Supreme Court affirmed, holding that the court of appeals correctly dismissed Appellant’s petition. View "Curtis v. Wainwright" on Justia Law

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