State ex rel. Untied v. Ellwood
959 N.E.2d 1048
Ohio2011Background
- 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)
