State ex rel. Zander v. Judge of Summit Cty. Common Pleas Court (Slip Opinion)
State ex rel. Zander v. Judge of Summit Cty. Common Pleas Court (Slip Opinion)
Opinion
*466 {¶ 1} Appellant, David J. Zander, appeals the Ninth District Court of Appeals' dismissal of his complaint for writs of mandamus and prohibition against an unnamed judge of the Summit County Court of Common Pleas. We affirm.
*467 {¶ 2} In 2009, Zander was found guilty of aggravated murder. State v. Zander , Summit C.P. No. CR-2008-08-2815-B.
*403 Although he was charged under R.C. 2903.01(B), which requires that the death occurred during the commission of an underlying felony, the jury acquitted Zander of the alleged underlying felony (aggravated robbery). He therefore alleged that the law required him to be acquitted of aggravated murder.
{¶ 3} On July 18, 2018, the court of appeals granted the Summit County Common Pleas Court's motion to dismiss under Civ.R. 12(B)(6) for failure to state a claim upon which relief can be granted. Zander appealed.
{¶ 4}
To be entitled to a writ of mandamus, the relator must establish, by clear and convincing evidence, (1) a clear legal right to the requested relief, (2) a clear legal duty on the part of the respondent to provide it, and (3) the lack of an adequate remedy in the ordinary course of the law.
State ex rel. Love v. O'Donnell
,
{¶ 5}
An inmate alleging an inconsistent-verdicts claim has an adequate remedy at law by appeal to raise the issue.
Drake v. Tyson-Parker
,
{¶ 6}
Zander argues that mandamus should be available because his conviction is void. A void judgment is one that is entered by a court that lacks subject-matter jurisdiction.
State v. Apanovitch
,
{¶ 7} For the same reason, Zander also has failed to state a claim for relief in prohibition. There are three elements necessary for a writ of prohibition to issue: (1) the exercise of judicial power, (2) the lack of authority for the exercise of that power, and (3) the lack of an adequate remedy in the ordinary course of the law for the injury that would result from denial of the writ.
*404
State ex rel. Elder v. Camplese
,
Judgment affirmed.
O'Connor, C.J., and Kennedy, French, Fischer, DeWine, Donnelly, and Stewart, JJ., concur.
Reference
- Full Case Name
- The STATE EX REL. ZANDER, Appellant, v. JUDGE OF SUMMIT COUNTY COMMON PLEAS COURT, Appellee.
- Cited By
- 26 cases
- Status
- Published
- Syllabus
- Mandamus—Prohibition—Appellant had adequate remedy at law by appeal—Court of appeals' dismissal of complaint affirmed.