State ex rel. Williams v. Bessey

2010 Ohio 2113, 928 N.E.2d 1091, 125 Ohio St. 3d 447

• Court: Ohio Supreme Court
• Decided: May 19, 2010
• Docket: 2009-2295
• Status: Published

Opinion

Per Curiam.

{¶ 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.

Alan Williams, pro se. Ron O’Brien, Franklin County Prosecuting Attorney, and Paul Thies, Assistant Prosecuting Attorney, for appellees.

Judgment affirmed.

Brown, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.