2015 Ohio 4433
Ohio Ct. App.2015Background
- Relator John L. Turner, Jr., a jail detainee and pro se litigant, filed two mandamus petitions against Judge Eugene A. Lucci while criminal proceedings remained pending in Judge Lucci’s court.
- Petition 1 sought to compel the judge to rule on a speedy-trial dismissal Turner had filed; Petition 2 sought to compel dismissal of appointed standby counsel Melissa Blake.
- Judge Lucci filed a Civ.R. 12(B)(6) motion to dismiss both petitions for failure to state a claim and cited procedural defects.
- The court found multiple procedural deficiencies: petitions were not captioned in the name of the state on relator’s relation; Turner’s affidavit of prior civil filings failed to describe each action/identify parties as required by R.C. 2969.25(A); and the inmate-account statement was not certified by the institutional cashier as required by R.C. 2969.25(C).
- On the merits, the trial court had already denied the speedy-trial motion and denied the motion to dismiss standby counsel; the appellate court held mandamus cannot compel acts already performed and that appeal is an adequate remedy for trial-court rulings in criminal cases.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Improper captioning of mandamus petitions | Turner filed petitions in his own name seeking mandamus relief | Judge argued petitions must be "in the name of the state on the relation of" the relator per R.C. 2731.04 | Dismissed for improper captioning; petitions were not filed in the state’s name on relator’s relation |
| Inadequate affidavit of prior civil actions (R.C. 2969.25(A)) | Turner provided an affidavit listing prior filings | Judge argued affidavit lacked required brief description and party names for each prior action | Dismissed for failure to comply with mandatory R.C. 2969.25(A) requirements |
| Failure to submit certified inmate-account statement (R.C. 2969.25(C)) | Turner submitted an account statement signed by a corrections officer | Judge argued the statement was not certified by the institutional cashier as required | Dismissed; noncompliance with R.C. 2969.25(C) is fatal and cannot be cured after filing |
| Merits: relief to compel rulings / dismiss standby counsel | Turner sought orders compelling rulings and removal of standby counsel | Judge pointed out he already ruled on both motions; appellate remedy (appeal) is adequate for adverse rulings | Merits denied: mandamus unavailable because acts were performed and appeal is an adequate remedy in criminal matters |
Key Cases Cited
- Maloney v. Court of Common Pleas of Allen Cty., 173 Ohio St. 226 (1962) (failure to properly caption an original action justifies dismissal)
- State ex rel. White v. Bechtel, 99 Ohio St.3d 11 (2003) (requirements of R.C. 2969.25 are mandatory; failure to comply subjects inmate actions to dismissal)
- Hazel v. Knab, 130 Ohio St.3d 22 (2011) (failure to file certified inmate-account statement at initial filing is fatal and cannot be cured later)
- State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278 (1996) (mandamus does not lie to compel an act already performed)
- Natl. Broadcasting Co., Inc. v. Cleveland, 38 Ohio St.3d 79 (1988) (elements required for issuance of mandamus: clear right, clear duty, no adequate remedy)
- State ex rel. Hester v. Crush, 75 Ohio St.3d 563 (1996) (mandamus is generally not available to criminal defendants to challenge trial-court rulings when appeal is adequate)