Hillman v. Larrison, 2020 Ohio 4896

In 2015 Hillman filed an accusation by affidavit under R.C. 2935.09 alleging Columbus police officer David Larrison committed perjury during Hillman's criminal trial.
The trial court dismissed; Hillman appealed repeatedly and this Court remanded multiple times for the trial court to follow R.C. 2935.10 and to consider whether Hillman’s accusation was meritorious.
On the third remand the trial court found Hillman’s affidavit lacked probable cause, referred the matter to the county prosecutor, and closed the case; this Court affirmed that judgment in Hillman IV.
Hillman contended the trial court had imposed court costs and filing fees and repeatedly sought relief; he filed a motion to vacate fines and costs on October 1, 2019, which the trial court denied on November 19, 2019.
The county clerk later sent Hillman a bill for $163; Hillman appealed the denial of his motion to vacate fines and costs to this Court on January 3, 2020.
The Court of Appeals affirmed: it held the trial court’s entry did not impose costs, the clerk of courts is not a party to the action, and the proper remedy to compel the clerk is an action for a writ of mandamus.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court denied substantive due process and equal protection by imposing and refusing to vacate court costs and filing fees tied to Hillman’s R.C. 2935.09 affidavit	Hillman: court imposed unauthorized court costs/filing fees and refused to vacate them, violating due process and equal protection	Larrison/trial court: the trial court’s judgment entry did not impose any costs or fees; any billing by the clerk is not part of this action	Court: Overruled. Trial court did not impose costs; Hillman not aggrieved on that ground; clerk’s billing is outside the case and not properly before this Court.
Appropriate procedural remedy to challenge clerk’s billing	Hillman sought vacation of costs in same action	Respondent: clerk is not a party; mandamus is proper vehicle	Court: Directed that mandamus under R.C. Chapter 2731 is the proper means to compel a public official like the clerk.

State ex rel. Berger v. McMonagle, 6 Ohio St.3d 28 (1983) (sets three requirements for obtaining a writ of mandamus)