State ex rel. Dix v. Angelotta

Ohio Supreme Court

State ex rel. Dix v. Angelotta

480 N.E.2d 407, 18 Ohio St. 3d 115, 18 Ohio B. 146, 1985 Ohio LEXIS 508

CourtOhio Supreme Court

DecidedJuly 3, 1985

DocketNo. 84-950

StatusPublished

Cited by17 cases

This text of 480 N.E.2d 407 (State ex rel. Dix v. Angelotta) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Dix v. Angelotta, 480 N.E.2d 407, 18 Ohio St. 3d 115, 18 Ohio B. 146, 1985 Ohio LEXIS 508 (Ohio 1985).

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Opinion

Per Curiam.

The sole issue presented by this appeal is whether a complaint for a writ of mandamus is the proper vehicle in which appellant’s claimed speedy trial right violation should be addressed. It is axiomatic that a writ of mandamus will only be issued when the aggrieved party has no adequate remedy at law. State, ex rel. Racine, v. Dull (1975), 44 Ohio St. 2d 72, 73 [73 O.O.2d 320], Additionally, this court has held that extraordinary writs, such as mandamus, may not be employed before trial as a substitute for appeal. State, ex rel. Woodbury, v. Spitler (1973), 34 Ohio St. 2d 134 [63 O.O.2d 229], syllabus.

In the instant case there are factors which may affect appellant’s right to have a trial date set no later than two hundred seventy days after his ar[116]*116rest.¹ First, appellant’s attorney failed to show up for two pretrials and, second, the case was set for special venire pursuant to R.C. 2945.18. Thus, the appropriate and adequate remedy by which appellant’s grievance regarding a speedy trial should be determined is an appeal after trial.

Therefore, we find that appellant’s complaint for a writ of mandamus was properly dismissed and we affirm the judgment of the court of appeals.

Judgment affirmed.

Celebrezze, C.J., Sweeney, Locher, Holmes, C. Brown, Douglas and Wright, JJ., concur.

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Per Curiam.

The sole issue presented by this appeal is whether a complaint for a writ of mandamus is the proper vehicle in which appellant’s claimed speedy trial right violation should be addressed. It is axiomatic that a writ of mandamus will only be issued when the aggrieved party has no adequate remedy at law. State, ex rel. Racine, v. Dull (1975), 44 Ohio St. 2d 72, 73 [73 O.O.2d 320], Additionally, this court has held that extraordinary writs, such as mandamus, may not be employed before trial as a substitute for appeal. State, ex rel. Woodbury, v. Spitler (1973), 34 Ohio St. 2d 134 [63 O.O.2d 229], syllabus.

In the instant case there are factors which may affect appellant’s right to have a trial date set no later than two hundred seventy days after his ar[116]*116rest.¹ First, appellant’s attorney failed to show up for two pretrials and, second, the case was set for special venire pursuant to R.C. 2945.18. Thus, the appropriate and adequate remedy by which appellant’s grievance regarding a speedy trial should be determined is an appeal after trial.

Therefore, we find that appellant’s complaint for a writ of mandamus was properly dismissed and we affirm the judgment of the court of appeals.

Judgment affirmed.

Celebrezze, C.J., Sweeney, Locher, Holmes, C. Brown, Douglas and Wright, JJ., concur.

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Bluebook (online)

480 N.E.2d 407, 18 Ohio St. 3d 115, 18 Ohio B. 146, 1985 Ohio LEXIS 508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-dix-v-angelotta-ohio-1985.

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