State ex rel. Mothers Against Drunk Drivers v. Gosser

The question presented by this appeal is whether a writ of mandamus shall issue to compel the Clerk of the Miami County Municipal Court to make available to appellants the recorded information identified as documents A-E, above. For the reasons set forth below, we hold that appellants are entitled to the writ of mandamus.

The extraordinary legal remedy of mandamus may be granted to compel execution of an. official duty from a ministerial officer when three conditions exist. The relator must show (1) a clear legal right to the relief prayed for, (2) a clear legal duty upon respondent to perform…