State ex rel. Corrigan v. Griffin

The State, ex rel. Corrigan, Pros. Atty. v. Griffin, Judge

State ex rel. Corrigan v. Griffin, 470 N.E.2d 894 (Ohio 1984)

Court: Ohio Supreme Court · State Highest Courts
Decided: November 21, 1984
Docket: No. 84-359
Judges: Brown, Celebrezze, Holmes, Locher, Sweeney
Citations: 470 N.E.2d 89414 Ohio St. 3d 2614 Ohio B. 3281984 Ohio LEXIS 1233

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

“* * * It is well-settled that in order for prohibition to lie, three requirements must be satisfied: ‘(1) the court or officer against whom it is sought is about to exercise judicial or quasi-judicial power; (2) the exercise of such power is unauthorized by law; and (3) it will result in injury for which no other adequate remedy exists.’ Ohio Bell v. Ferguson (1980), 61 Ohio St. 2d 74, 76 [ 15 O.O.3d 117 ]. See, also, State, ex rel. Henry, v. Britt (1981), 67 Ohio St. 2d 71, 73 [ 21 O.O.3d 45 ]; State, ex rel. Bell, v. Blair (1975), 43 Ohio St. 2d 95, 96 [ 72 O.O.2d 53 ].” State, ex rel. Dow Chemical Co., v. Court (1982), 2 Ohio St. 3d 119, 120 .

The court of appeals denied the writ, finding that appellee was authorized to enter the order in question and that appellant did not avail himself of the remedy which was available by way of appeal.

We agree. The trial court has authority to enter pretrial orders regarding discovery. Crim. R. 16. Moreover, appellant could have sought leave to appeal pursuant to R.C. 2945.67, wherein any errors with respect to appellee’s order could have been raised. The availability of an appeal under R.C. 2945.67 is an adequate remedy at law sufficient to preclude the granting of an extraordinary writ. State, ex rel. Cleveland, v. Calandra (1980), 62 Ohio St. 2d 121, 122 [ 16 O.O.3d 143 ]; State, ex rel. Zoller, v. Talbert (1980), 62 Ohio St. 2d 329, 330 [ 16 O.O.3d 391 ].

Accordingly, the judgment of the court of appeals is affirmed.

Judgment affirmed.

Celebrezze, C.J., W. Brown, Sweeney, Locher, Holmes, C. Brown and J. P. Celebrezze, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 13 cases

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Relies on it most ⓘ

State ex rel. Mason v. Burnside2007 Ohio 6754
State v. Jones94 N.E.3d 971 (Oh. Ct. App. 2d Dist. Montgomery 2017)
State v. Arnett489 N.E.2d 284 (Ohio 1986) · Dissent
State ex rel. Lighttiser v. Spahr480 N.E.2d 779 (Ohio 1985)
State ex rel. Boardwalk Shopping Center, Inc. v. Court of Appeals564 N.E.2d 86 (Ohio 1990)
State ex rel. Stern v. Mascio1996 Ohio 93, 662 N.E.2d 370

Most recent

State ex rel. S.L. v. Rucker2020 Ohio 584
State v. Jones94 N.E.3d 971 (Oh. Ct. App. 2d Dist. Montgomery 2017)
State ex rel. Mason v. Burnside2007 Ohio 6754
State ex rel. Stern v. Mascio1996 Ohio 93, 662 N.E.2d 370
State ex rel. LTV Steel Co. v. Gwin594 N.E.2d 616 (Ohio 1992)
State ex rel. LTV Steel Co. v. Gwin1992 Ohio 20

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

Depth	Case	Cited by
	State ex rel. Henry v. Britt, 424 N.E.2d 297 (Ohio 1981)	53
	State ex rel. City of Cleveland v. Calandra, 403 N.E.2d 989 (Ohio 1980)	28
	State ex rel. Bell v. Blair, 330 N.E.2d 902 (Ohio 1975)	16
	Ohio Bell Tel. Co. v. Ferguson, 399 N.E.2d 1206 (Ohio 1980)	16
	State ex rel. Zoller v. Talbert, 405 N.E.2d 724 (Ohio 1980)	11
	State ex rel. Dow Chem. Co. v. Court of Common Pleas, 443 N.E.2d 143 (Ohio 1982)	11

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