Legal Opinion

Mootispaw v. Eckstein

Ohio Supreme Court

Decided August 21, 1996No. 96-777PublishedCited by 289 opinions

1Per curiam

In his sole proposition of law, Mootispaw asserts that the court of appeals erred in granting Eckstein’s motion for summary judgment and denying the writ because prosecutors are required to investigate fraud and collusion in criminal convictions. In order to be entitled to a writ of mandamus, Mootispaw had to establish (1) a clear legal right to the requested investigation, (2) a corresponding clear legal duty on the part of Eckstein to conduct the requested investigation, and (3) the lack of an adequate remedy in the ordinary course of law. State ex rel. Manson v. Morris (1993), 66 Ohio…

2Cases cited6 opinions

  1. Dresher v. BurtOhio Supreme Court · 1996
  2. Temple v. Wean United, Inc.Ohio Supreme Court · 1977
  3. State ex rel. Zimmerman v. TompkinsOhio Supreme Court · 1996
  4. State ex rel. Master v. City of ClevelandOhio Supreme Court · 1996
  5. Ohio Ass'n of Public School Employees v. Dayton City School District Board of EducationOhio Supreme Court · 1991

1 more not listed; retrieve them via the Exa API.

3Cited by289 opinions

  1. State ex rel. Grady v. State Employment Relations BoardOhio Supreme Court · 1997
  2. State v. McKnightOhio Supreme Court · 2005
  3. State ex rel. V Companies v. MarshallOhio Supreme Court · 1998
  4. State ex rel. Grady v. State Emp. Relations Bd.Ohio Supreme Court · 1997
  5. State ex rel. The V Cos. v. MarshallOhio Supreme Court · 1998

284 more not listed; retrieve them via the Exa API.

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