State ex rel. Tipton v. Schrotel
State ex rel. Tipton v. Schrotel
Opinion of the Court
Appellant states in his brief that he has **• * * made numerous attempts via letters and a petition for a writ of mandamus to the court (Municipal Court, Cincinnati, Ohio), requesting the detainer be dismissed or withdrawn or that arrangements be made that a trial be had according to the laws and the Constitution of Ohio.” He relies on State, ex rel. Lotz, v. Hover (1962), 174 Ohio
Appellee points out in his brief that Stanley B. Schro-tel was no longer Chief of Police at the time appellant filed his petition. However, even if the petition is considered as being brought against the office of Chief of Police, that officer, by lodging a detainer against appellant based upon armed robbery warrants issued against him, is merely performing his duty and has no authority to remove the detainer placed against him.
As stated in State, ex rel. Lotz, v. Hover, supra:
“A writ of mandamus may only issue if the person against whom such writ is directed has the complete power to perform the act.” No such complete power exists in the present case.
The judgment of the Court of Appeals denying the writ is affirmed.
Judgment affirmed.
Reference
- Full Case Name
- The State, ex rel. Tipton v. Schrotel, Chief of Police
- Status
- Published