Opinion
No. 101481
11-06-2015
STATE OF OHIO, EX REL. MICHAEL MADISON RELATOR v. HONORABLE NANCY R. MCDONNELL RESPONDENT
ATTORNEYS FOR RELATOR Robert L. Tobik Cuyahoga County Public Defender By: Erika B. Cunliffe Assistant Public Defender 310 Lakeside Avenue Suite 200 Cleveland, Ohio 44113 ATTORNEYS FOR RESPONDENT Timothy J. McGinty Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor The Justice Center 1200 Ontario Street Cleveland, Ohio 44113
JOURNAL ENTRY AND OPINION JUDGMENT: WRIT DENIED Writ of Prohibition
Motion No. 475515
Order No. 490360
ATTORNEYS FOR RELATOR Robert L. Tobik
Cuyahoga County Public Defender
By: Erika B. Cunliffe
Assistant Public Defender
310 Lakeside Avenue
Suite 200
Cleveland, Ohio 44113
ATTORNEYS FOR RESPONDENT Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
The Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
ANITA LASTER MAYS, J.:
{¶1} Relator, Michael Madison, filed a writ of prohibition seeking an order directing respondent Judge McDonnell to rescind an order that was journalized in State v. Madison, Cuyahoga C.P. No. CR-579539 on June 3, 2014, that would require relator to submit to a psychological examination. Relator also commenced a direct appeal challenging the same trial court order, which was assigned appeal number 101478 in this court. Relator indicated he was pursuing this writ of prohibition as an alternate remedy to the direct appeal and in the event that the direct appeal was dismissed for lack of a final, appealable order. This court has exercised jurisdiction over the direct appeal and has issued a decision on the merits. State v. Madison, 8th Dist. Cuyahoga No. 101478, 2015-Ohio-4365, ¶ 5. Therefore, relator has an adequate remedy at law that precludes this action. State ex rel. Bevins v. Cooper, 138 Ohio St.3d 275, 277 2014-Ohio-544, 6 N.E.3d 33 ("mandamus and prohibition will not lie where there is an adequate remedy at law.")
{¶2} Accordingly, respondent's motion for summary judgment is granted.
{¶3} Writ denied. ANITA LASTER MAYS, JUDGE EILEEN A. GALLAGHER, P.J., and
MARY EILEEN KILBANE, J., CONCUR