State ex rel. Brown v. Jeffries, 2012 Ohio 1522

Brown, a prisoner, filed an affidavit under R.C. 2935.09 seeking warrants against prison officials for felonies and misdemeanors.
The Ross County Court of Common Pleas denied the warrants without a hearing or referral for investigation, deeming the affidavit not meritorious.
Brown appealed, arguing the court abused its discretion by not conducting a probable-cause hearing.
R.C. 2935.10 requires a reviewing official to either issue a warrant or refer the matter for investigation if meritorious or filed in good faith; no third option to dismiss.
Supreme Court precedent holds 2935.10 governs these proceedings and that 2935.09/10 are to be read pari materia with 2935.10, not Crim.R. 4(A).
The appellate court reversed and remanded to refer the matter to the prosecuting attorney for investigation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the lower court erred by dismissing without a probable-cause hearing	Brown argues court abused discretion by skipping a hearing	Appellees contend no such hearing is required under 2935.10	Judgment reversed; remanded to refer for investigation

State ex rel. Boylen v. Harmon, 107 Ohio St.3d 370 (2006-Ohio-7) (R.C. 2935.09/10 interpretation; two options for reviewing official)
State v. Mbodji, 129 Ohio St.3d 325 (2011-Ohio-2880) (Read 2935.09/10 in pari materia; possible review by investigation)