2014 Ohio 871
Ohio Ct. App.2014Background
- Relator Emmanuel Elder, an inmate, filed a petition for a writ of mandamus in the Eleventh Appellate District seeking to compel state officials to respond to his motions filed in Lake County Court of Common Pleas.
- Respondent State of Ohio/assistant prosecutor Patrick Condon moved to dismiss under Civ.R. 12(B)(6) for failure to state a claim and other defects.
- The petition alleged the trial court and state should respond to Elder’s Motion to Arrest the Judgment and Motion for a New Trial.
- Relator’s petition had captioning and procedural deficiencies, including improper party caption and missing addresses.
- Relator failed to attach an affidavit or any evidence regarding prior actions to satisfy the R.C. 2969.25 affidavit requirement for inmates.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the mandamus petition was properly captioned and named. | Elder | Captioning defects require dismissal | Dismissed for improper caption and miscaptioning. |
| Whether the inmate affidavit requirement of R.C. 2969.25A was satisfied. | Relator lacked affidavitDocumentation | Affidavit mandatory; not provided | Dismissed for failure to attach mandatory affidavit. |
| Whether a prosecutor has a duty to respond to post-judgment motions in a mandamus action. | Condon must respond | No legal duty to respond to relator’s motions | Dismissed; no mandamus relief on this theory. |
| Whether the petition properly identified the respondent and entity against whom relief could be granted. | Judge Collins was a respondent | Respondent not properly identified in caption | Dismissed for failure to identify proper respondent. |
Key Cases Cited
- Snype v. Enlow, 2012-Ohio-1272 (11th Dist. Portage 2012) (mandamus captioning and procedure standards cited)
- Hill v. Kelly, 2011-Ohio-6341 (11th Dist. Trumbull 2011) (captioning and party identification requirements cited)
- Maloney v. Court of Common Pleas of Allen Cty., 173 Ohio St. 226, 181 N.E.2d 270 (1962) (Ohio Supreme 1962) (traditional mandamus captioning standards upheld)
- State ex rel. Hill v. Logan, 2012-Ohio-3120 (11th Dist. Trumbull 2012) (affidavit requirement for inmates mandatory and dispositive)
- State ex rel. Manns v. Henson, 2008-Ohio-4478, 894 N.E.2d 47 (Ohio Supreme 2008) (inmate affidavit requirements are mandatory)
- State v. Sklenar, 71 Ohio App.3d 444, 594 N.E.2d 88 (9th Dist. 1991) (appellate mandamus posture and respondent identification)