State ex rel. Leis v. Outcalt

A writ of mandamus will issue if appellant shows appellee is under a clear legal duty to perform the requested act, that appellant has a clear legal right to the requested relief and that appellant has no plain and adequate remedy in the ordinary course of the law. See, e.g., State, ex rel. Heller, v. Miller (1980), 61 Ohio St. 2d 6 [15 O.O.3d 3], paragraph one of the syllabus.

I

Inasmuch as appellee was without authority to grant the witness use immunity, appellee is under a clear legal duty to set aside his decision granting immunity.

*148In this state, criminal procedure is governed entirely by…