Legal Opinion

State ex rel. Smith v. Hamilton Cty. Court of Common Pleas

Ohio Supreme Court

Decided July 24, 2024No. 2024-0028PublishedCited by 3 opinions

1Opinion of the Court

[Until this opinion appears in the Ohio Official Reports at 175 Ohio St.3d 389.] THE STATE EX REL. SMITH, APPELLANT, v. HAMILTON COUNTY COURT OF COMMON PLEAS, APPELLEE. [Cite as State ex rel. Smith v. Hamilton Cty. Court of Common Pleas,

2024-Ohio-2779.] Mandamus—Prohibition—A court of common pleas is not sui juris, and suing an entity that is not sui juris is a ground for dismissal—Civ.R. 52 has no application to a long-closed criminal case—New arguments may not be raised on appeal—Prohibition claim did not allege that trial court exercised judicial power unauthorized by law—Court of appeals’…

2Cases cited4 opinions

  1. State ex rel. Novak, L.L.P. v. Ambrose (Slip Opinion)Ohio Supreme Court · 2019
  2. Walker v. DoupOhio Supreme Court · 1988
  3. State ex rel. Andrews v. Lake Cty. Court of Common PleasOhio Supreme Court · 2022
  4. State ex rel. Cherry v. BreauxOhio Supreme Court · 2022

3Cited by3 opinions

  1. Krouskoupf v. Muskingum Cty. Common Pleas CourtOhio Supreme Court · 2025
  2. Krouskoupf v. Muskingum Cty. Common Pleas CourtOhio Supreme Court · 2025
  3. Seelbaugh v. Montgomery Cty. Court of Common Pleas, Domestic Relations Div.Ohio Supreme Court · 2025

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