State ex rel. Zander v. Judge of Summit County Common Pleas Court

The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's complaint for writs of mandamus and prohibition against an unnamed judge of the Summit County Court of Common Pleas, holding that Appellant's complaint failed to state a claim and was correctly dismissed.Appellant was found guilty of aggravated murder. Because he was charged under Ohio Rev. Code 2903.01(B), which requires that the death occurred during the commission of an underlying felony, and he was acquitted of the alleged underlying felony, Appellant alleged in his complaint that the law required him to be acquitted of aggravated murder. The court of appeals dismissed Appellant's complaint for failure to state a claim upon which relief can be granted. The Supreme Court affirmed, holding (1) Appellant's mandamus complaint failed to state a claim and was correctly dismissed; and (2) Appellant failed to state a claim for relief in prohibition. View "State ex rel. Zander v. Judge of Summit County Common Pleas Court" on Justia Law