Legal Opinion

State Ex Rel. Muff v. Wollenberg, 08-Ca-11 (9-17-2008)

Ohio Court of Appeals

Decided September 17, 2008No. 08-CA-11PublishedCited by 5 opinions

1Opinion of the Court

OPINION

{¶ 1} Relator has filed a Complaint for the issuance of a Writ of Mandamus compelling Respondent to file a criminal complaint prepared by Relator. Respondent has filed a Motion to Dismiss to which Relator has filed a reply in opposition.

{¶ 2} Relator presented a criminal complaint to Respondent against Joseph A. Flautt for Tampering with Evidence, a felony of the third degree. Attached to the Complaint is an affidavit signed by Relator which appears to purport to be filed in compliance with R.C. 2935.09 and2935.10.

{¶ 3} To be entitled to the issuance of a writ of mandamus, relator must…

2Cases cited4 opinions

  1. State ex rel. Master v. City of ClevelandOhio Supreme Court · 1996
  2. State ex rel. National City Bank v. Board of Education of Cleveland City School DistrictOhio Supreme Court · 1977
  3. Pincelli v. Ohio Bridge Corp.Ohio Supreme Court · 1966
  4. People v. DeverAppellate Court of Illinois · 1975

3Cited by5 opinions

  1. State ex rel. Dominguez v. StateOhio Supreme Court · 2011
  2. State v. HansonOhio Court of Appeals · 2019
  3. State v. PendletonOhio Court of Appeals · 2011
  4. Dew v. VivoOhio Court of Appeals · 2012
  5. Dixon v. HuntDistrict Court, S.D. Ohio · 2020

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