Legal Opinion
State ex rel. Heller v. Miller
Ohio Supreme Court
Decided January 2, 1980No. 79-161PublishedCited by 150 opinions
1Opinion of the CourtCelebrezze, C. J.
In order for a writ of mandamus to issue, this court must find that relator has a clear legal right to the relief prayed for, that respondent is under a clear legal duty to perform the requested act, and that relator has no plain and adequate remedy at law. State, ex rel. Harris, v. Rhodes (1978), 54 Ohio St. 2d 41, 42.
No plain and adequate remedy at law is available to relators in the case at bar. Relators cannot effectively appeal without a transcript and counsel. If relators continue their appeal pro se, without benefit of a transcript, any appeal will be ineffectively presented. As was…
2Cases cited26 opinions
- Roe v. WadeSupreme Court of the United States · 1973
- Griswold v. ConnecticutSupreme Court of the United States · 1965
- Stanley v. IllinoisSupreme Court of the United States · 1972
- Griffin v. IllinoisSupreme Court of the United States · 1956
- Douglas v. CaliforniaSupreme Court of the United States · 1963
21 more not listed; retrieve them via the Exa API.
3Cited by150 opinions
- Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
- Zivich v. Mentor Soccer Club, Inc.Ohio Supreme Court · 1998
- M. L. B. v. S. L. J.Supreme Court of the United States · 1996
- State ex rel. Berger v. McMonagleOhio Supreme Court · 1983
- State v. WilliamsOhio Supreme Court · 2000
145 more not listed; retrieve them via the Exa API.