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State ex Rel. Williams v. Bessey

Supreme Court of Ohio
May 19, 2010
928 N.E.2d 1091 (Ohio 2010)

Opinion

No. 2009-2295.

Submitted May 12, 2010.

Decided May 19, 2010.

APPEAL from the Court of Appeals for Franklin County, No. 08AP-158, 2009-Ohio-5852.

Alan Williams, pro se.

Ron O'Brien, Franklin County Prosecuting Attorney, and Paul Thies, Assistant Prosecuting Attorney, for appellees.


{¶ 1} We affirm the judgment of the court of appeals dismissing the mandamus action filed by appellant, Alan Williams. In the absence of a patent and unambiguous lack of jurisdiction on the part of the judge to whom a case was allegedly transferred, Williams has an adequate remedy by appeal to challenge the transfer of the case to the judge. See State ex rel. Carr v. McDonnell, 124 Ohio St.3d 62, 2009-Ohio-6165, 918 N.E.2d 1004; State ex rel. Key v. Spicer (2001), 91 Ohio St.3d 469, 469, 746 N.E.2d 1119 ("a claim of improper assignment of a judge can generally be adequately raised by way of appeal"). Williams did not allege sufficient facts to indicate any jurisdictional defect, much less a patent and unambiguous one. We also deny Williams's motion for oral argument.

Judgment affirmed.

BROWN, C.J., and PFEIFER, LUNDBERG STRATTON, O'CONNOR, O'DONNELL, LANZINGER, and CUPP, JJ., concur.


Summaries of

State ex Rel. Williams v. Bessey

Supreme Court of Ohio
May 19, 2010
928 N.E.2d 1091 (Ohio 2010)
Case details for

State ex Rel. Williams v. Bessey

Case Details

Full title:THE STATE EX REL. WILLIAMS, APPELLANT, v. BESSEY, JUDGE, ET AL., APPELLEES

Court:Supreme Court of Ohio

Date published: May 19, 2010

Citations

928 N.E.2d 1091 (Ohio 2010)
928 N.E.2d 1091
2010 Ohio 2113

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