State ex rel. Gray v. Leis

Initially, it is noted that the appellant prayed that a prohibition order issue against the appellee prosecutor.

Just recently, this court, in State, ex rel. Parker, v. Court (1980), 61 Ohio St. 2d 351, decided that prohibition will not issue against a prosecuting attorney, since the prosecutor is not seeking to exercise judicial or quasi-judicial power, which must exist to support the issuance of a writ of prohibition.

Accordingly, prohibition is denied with regard to the appellee prosecutor herein.

The remaining issue before this court is whether prohibition should issue in this cause to…