2013 Ohio 705
Ohio Ct. App.2013Background
- Marshall, an inmate, filed a mandamus action to compel the Cuyahoga County Court of Common Pleas to rule on four motions in State v. Marshall, CR-349190-A.
- The four motions are: (1) Crim.R. 52(B) evidentiary hearing request, (2) subpoena for Crim.R. 52(B) evidentiary hearing, (3) standby counsel appointment, (4) disqualification of counsel of record.
- The Eighth District granted summary judgment for the respondent and denied the writ.
- The complaint was procedurally defective for lacking a sworn affidavit under Loc.App.R. 45(B)(1)(a).
- Marshall also failed to meet RC 2969.25(C) and (A) disclosure/affidavit requirements.
- The record shows December 13, 2012 journal entry evidencing rulings on all four motions, rendering the writ moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Procedural defect in mandamus complaint | Marshall argues the affidavit requirement was met. | Respondent argues failure to comply with Loc.App.R. 45(B)(1)(a). | Complaint dismissed for failure to meet affidavit requirement. |
| Noncompliance with RC 2969.25(C)/(A) | Marshall asserts disclosure requirements were satisfied. | Noncompliance warrants dismissal. | Dismissed for RC 2969.25(C)/(A) noncompliance. |
| Writ moot due to prior rulings | Marshall seeks writ despite rulings existing. | Rulings exist on all four motions. | Writ denied as moot. |
Key Cases Cited
- Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278 (1996-Ohio-117) (mandamus rule and relief standards cited by the court)
- State ex rel. Leon v. Cuyahoga Cty. Court of Common Pleas, 123 Ohio St.3d 124 (2009-Ohio-4688) (affidavit requirements for extraordinary writs)
- State ex rel. Gantt v. Coleman, 6 Ohio St.3d 5 (1983) (early writ standards referenced)
- Martin v. Woods, 2009-Ohio-1928 (2009-Ohio-1928) (required disclosures by inmates under RC 2969.25(C))
- Zanders v. Ohio Parole Bd., 82 Ohio St.3d 421 (1998-Ohio-218) (RC 2969.25(A) affidavit requirement execution)
- Alford v. Winters, 80 Ohio St.3d 285 (1997-Ohio-117) (inmate disclosure and related requirements)