State ex rel. Powell v. Markus

{¶ 1} This is an appeal from a judgment denying writs of mandamus and prohibition to set aside a conviction and sentence based on the claim that the retired judge who presided over the criminal trial lacked authority to do so. Because the retired judge did not patently and unambiguously lack jurisdiction to preside over the criminal trial, we affirm.

Criminal Trial

{¶ 2} Appellee, Judge Richard M. Markus, served as a judge on the Cuyahoga County Court of Common Pleas and voluntarily retired. Supreme Court of Ohio Chief Justice Thomas J. Moyer assigned Judge Markus to “preside in the Scioto…