State ex rel. Bevins v. Cooper (Slip Opinion)
78 N.E.3d 828
Ohio2016Background
- Andrew Bevins Jr. was tried, a mistrial was declared in 2003, and he was retried and convicted in 2005 of aggravated burglary and rape; Judge Ethna M. Cooper presided over the mistrial and the retrial.
- Bevins previously sought mandamus relief in this court after the retrial; that earlier petition was addressed in State ex rel. Bevins v. Cooper.
- On August 19, 2015, Judge Cooper denied Bevins’s motion titled "Motion to Issue a Final Appealable Order and to Vacate a Void Judgment," in which Bevins asked the judge to journalize the mistrial as a final, appealable order.
- Bevins filed a petition for a writ of mandamus in the First District Court of Appeals on August 31, 2015; the court of appeals granted Judge Cooper’s motion to dismiss on September 16, 2015.
- Bevins appealed the dismissal to the Ohio Supreme Court, seeking a writ compelling Judge Cooper to issue a final appealable order; the Supreme Court reviewed whether mandamus was appropriate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus may compel the trial judge to journalize a final, appealable order after denying Bevins’s motion | Bevins argued he had a clear right to a journalized final order and the judge had a duty to issue it | Judge Cooper argued Bevins had an adequate remedy by appeal and mandamus was therefore improper | Court held mandamus was inappropriate because an appeal was an adequate remedy in the ordinary course of law |
Key Cases Cited
- State ex rel. Waters v. Spaeth, 131 Ohio St.3d 55, 960 N.E.2d 452 (2012) (elements required for mandamus include clear right, clear duty, and lack of adequate remedy)
- State ex rel. Ward v. Reed, 141 Ohio St.3d 50, 21 N.E.3d 303 (2014) (an appeal is an adequate remedy that bars mandamus)
- State ex rel. Crabtree v. Franklin Cty. Bd. of Health, 77 Ohio St.3d 247, 673 N.E.2d 1281 (1997) (appeal ordinarily provides adequate remedy preventing mandamus)
- State ex rel. Sevayega v. McMonagle, 122 Ohio St.3d 54, 907 N.E.2d 1180 (2009) (appeal is an adequate remedy barring extraordinary writ relief)
- State ex rel. Bevins v. Cooper, 138 Ohio St.3d 275, 6 N.E.3d 33 (2014) (prior related mandamus proceedings involving Bevins and Judge Cooper)