Anello v. Weigand, 2008ca00217 (11-24-2008)
Anello v. Weigand, 2008ca00217 (11-24-2008)
Opinion of the Court
{¶ 2} For a writ of prohibition to issue, the petitioner must prove that: (1) the lower court is about to exercise judicial authority; (2) the exercise of authority is not authorized by law; and, (3) the petitioner has no other adequate remedy in the ordinary course of law if a writ of prohibition is denied. State ex rel. Keenan v. Calabrese
(1994),
{¶ 3} Petitioner was convicted by a jury of two counts of Cruelty to Animals, in violation of R.C.
{¶ 4} Although captioned as a Petition for Writ of Prohibition, Petitioner merely seeks to have her jail sentence stayed until her remaining litigation has concluded. Petitioner does not actually suggest Respondent lacks jurisdiction to impose the jail sentence.
{¶ 5} R.C.1901.02 confers jurisdiction upon the Canton Municipal Court over misdemeanors occurring within its territorial boundaries. The misdemeanors charged in this case occurred in Sandy Township, Waynesburg, Ohio, which is within the territorial boundaries of the Canton Municipal Court.
{¶ 6} Petitioner has failed to show Respondent patently and unambiguously lacked jurisdiction to impose the sentence upon Petitioner, therefore, the requested writ will not issue.
{¶ 7} MOTION DENIED.
{¶ 8} WRIT DENIED.
{¶ 9} COSTS TO PETITIONER.
Delaney, J. Wise, P.J. and Farmer, J. concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.