History
  • No items yet
midpage
2014 Ohio 1563
Ohio
2014
Read the full case

Background

  • Timothy West and his brother Todd filed nearly identical petitions in the Eighth District Court of Appeals seeking writs of prohibition against Cuyahoga County Common Pleas Judge Nancy McDonnell.
  • The court of appeals dismissed both petitions; Timothy West appealed to the Ohio Supreme Court.
  • The Ohio Supreme Court adopted the factual background from Todd West’s companion opinion (same underlying convictions and forfeiture issues).
  • Timothy’s first two propositions of law were identical to Todd’s and rejected for the same reasons.
  • Timothy’s third proposition challenged the clerk’s alleged failure to provide an itemized bill of court costs. He did not submit the actual cost bill to the court record.
  • There was no allegation that the clerk had issued a certificate of judgment or taken any collection action on the costs, so the Court deemed the objection premature.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the court of appeals erred in dismissing the petition for prohibition West argued the petition should proceed (issues identical to Todd’s) McDonnell argued dismissal was proper Dismissal affirmed; West’s first two propositions rejected for same reasons as Todd’s case
Whether the clerk failed to provide an itemized bill of costs West claimed the cost bill sent was not itemized and raised objection Clerk/defendant noted statutory duties and that no itemized bill was in the record; no collection attempted Court rejected the objection: West didn’t file the cost bill, and challenge is premature absent collection efforts

Key Cases Cited

  • State ex rel. West v. McDonnell, 139 Ohio St.3d 115 (2014) (companion opinion with adopted factual background and grounds for rejecting identical propositions of law)
Read the full case

Case Details

Case Name: State ex rel. West v. McDonnell
Court Name: Ohio Supreme Court
Date Published: Apr 17, 2014
Citations: 2014 Ohio 1563; 139 Ohio St. 3d 120; 9 N.E.3d 1030; 2014 WL 1491870; 2014 Ohio LEXIS 828; 2013-0952
Docket Number: 2013-0952
Court Abbreviation: Ohio
Log In
    State ex rel. West v. McDonnell, 2014 Ohio 1563