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State ex rel. Untied v. Ellwood
959 N.E.2d 1048
Ohio
2011
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Background

  • State ex rel. Untied sought prohibition and mandamus to bar a hearing on alleged community-control violations by Ellwood.
  • The hearing was scheduled after Untied's community-control term expired, raising timeliness concerns.
  • The Supreme Court stayed the hearing pending the chief justice's ruling on Untied's disqualification affidavit.
  • The court held a prohibition claim moot when policy had been discontinued and allowed proceedings if notice and revocation were timely.
  • Untied alleged the Guernsey County Clerk lacked proper date-stamping and time-stamping of filings.
  • The Court affirmed that the clerkt’s filing-indorsement requirements were met and no mandamus was due.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether prohibition bars the hearing. Untied argues the hearing should be prohibited as improper after expiration. Ellwood contends proceedings may continue if notices were timely and revocation began before expiration. Prohibition denied; proceedings may continue if timely.
Whether mandamus is warranted to date-stamp filings. Untied asserts the clerk failed to date-stamp/time-stamp documents. Ellwood asserts date-stamping occurred as required by law. Mandamus denied; proper filing-indorsement occurred.
Whether the notice of violations was timely before expiration. Untied contends notices were not properly timed. Ellwood asserts notice was issued before expiration and proper. Notice and proceedings commenced before expiration; correct.

Key Cases Cited

  • State ex rel. Denton v. Bedinghaus, 98 Ohio St.3d 298 (2003-Ohio-861) (prohibition moot if policy discontinued)
  • State ex rel. Hemsley v. Burnham Unruh, 128 Ohio St.3d 307 (2011-Ohio-226) (proceedings may continue if notices were properly given and revocation commenced before expiration)
Read the full case

Case Details

Case Name: State ex rel. Untied v. Ellwood
Court Name: Ohio Supreme Court
Date Published: Dec 14, 2011
Citation: 959 N.E.2d 1048
Docket Number: 2011-1188
Court Abbreviation: Ohio