State, Ex Rel. Labatte v. Baynes

By this original action in mandamus, relator Vincent LaBatte seeks a writ ordering Judge Baynes of the Court of Claims to vacate his decision reversing an order of a three-commissioner panel allowing relator’s claim for reparations as a victim of crime under R.C. 2743.51 et seq., on the ground that the court should have sua sponte dismissed the state’s appeal from the panel’s decision for failure to set forth an assignment of error in its brief, as mandatorily required by the Ohio Rules of Appellate Procedure and the local appellate rules.

Respondent Baynes asserts that the general and local…