State ex rel. Davis v. Brown
2021 Ohio 2479
| Ohio Ct. App. | 2021Background
- Relator Diante Davis, incarcerated at Noble Correctional Institution, sought jail-time credit in Franklin C.P. No. 16CR-5125 via a motion dated May 20, 2020.
- Davis filed an original action in this court (mandamus) on January 6, 2021, asking the judge to issue a ruling on that motion.
- Respondent Judge Christopher Brown filed a journal entry on June 7, 2020, denying Davis’s May 20, 2020 motion.
- The judge moved to dismiss the mandamus complaint under Civ.R. 12(B)(6), arguing he had already ruled.
- A magistrate recommended dismissal, finding the claim moot because the requested act had been performed and noting an adequate remedy by appeal.
- The Tenth District adopted the magistrate’s decision, granted the motion to dismiss, and dismissed the action; no objections were filed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus may compel the judge to rule on Davis’s May 20, 2020 motion | Davis: judge failed to rule; mandamus needed to compel action | Brown: judge already ruled (denial entered June 7, 2020) | Dismissed — mandamus not available because duty already performed; claim moot |
| Whether mandamus is appropriate given available appellate remedies | Davis sought extraordinary relief instead of appeal | Brown: Davis had an adequate remedy by appeal | Dismissed — appeal is an adequate remedy; failure to appeal does not permit mandamus |
Key Cases Cited
- State ex rel. Pressley v. Indus. Comm., 11 Ohio St.2d 141 (Ohio 1967) (sets mandamus elements)
- Volbers-Klarich v. Middletown Mgt., 125 Ohio St.3d 494 (Ohio 2010) (standards for Civ.R. 12(B)(6) dismissal)
- Ohio Bur. of Workers' Comp. v. McKinley, 130 Ohio St.3d 156 (Ohio 2011) (12(B)(6) dismissal standard explained)
- State ex rel. Reynolds v. Basinger, 99 Ohio St.3d 303 (Ohio 2003) (mandamus lies for refusal or undue delay)
- State ex rel. Kreps v. Christiansen, 88 Ohio St.3d 313 (Ohio 2000) (mandamus will not compel a duty already performed)
- State ex rel. White v. Woods, 156 Ohio St.3d 562 (Ohio 2019) (availability of appeal is an adequate remedy)