State ex rel. Elder v. Matia
2014 Ohio 3598
Ohio Ct. App.2014Background
- Relator Emmanuel Elder sought a writ of prohibition to bar Judge David Matia from proceeding in State v. Elder, CR-13-573101-A.
- Elder alleges lack of jurisdiction due to no properly issued traffic ticket and because he claims notice of availability was ignored.
- The State moved to dismiss the prohibition on May 29, 2014; Elder did not respond.
- Underlying charge is one count of failure to comply with order or signal of a police officer (R.C. 2921.331).
- The court reviews prohibition standards and grants dismissal of Elder’s writ and imposes costs on Elder.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does prohibition lie where ticket issuance allegedly deprives court of jurisdiction? | Elder | Matia | No; jurisdiction exists despite ticket issues. |
| Does indictment confer jurisdiction despite ticket defects? | Elder | Matia | Indictment can vest jurisdiction even if tickets improper. |
| Does Elder’s notice of availability deprive the court of jurisdiction or require other remedies? | Elder | Matia | No; adequate remedy at law exists via dismissal/appeal. |
| Did Elder’s failure to file RC 2969.25(C) certified prison account statement bar the relief? | Elder | Matia | Yes; supports denial of mandamus and costs against Elder. |
Key Cases Cited
- State ex rel. Largent v. Fisher, 43 Ohio St.3d 160 (1989) (prohibition prerequisites; jurisdiction not clearly absent)
- State ex rel. Ellis v. McCabe, 138 Ohio St. 417 (1941) (scope of prohibition; exceptions for jurisdictional lack)
- State ex rel. Sparto v. Juvenile Court of Darke Cty., 153 Ohio St. 64 (1950) (caution in issuance; not for erroneous judgments)
- State ex rel. Tilford v. Crush, 39 Ohio St.3d 174 (1988) (patent and unambiguous lack of jurisdiction rule)
- State ex rel. Csank v. Jaffe, 107 Ohio St.3d 387 (1995) (jurisdictional challenges; remedy via appeal)
- State ex rel. Rootstown Local School Dist. Bd. of Edn. v. Portage Cty. Court of Common Pleas, 78 Ohio St.3d 489 (1997) (adequacy of remedies; prohibition discretionary)
- State ex rel. Gilligan v. Hoddinott, 36 Ohio St.2d 127 (1973) (discretion in issuing writ of prohibition)