State ex rel. Special Prosecutors v. Judges

Appellants contend that the denial by the Court of Appeals of the writ of prohibition was in error. The function of prohibition is to prevent an inferior tribunal from usurping or exercising jurisdiction with which it is not legally vested. State, ex rel. Ferrebee, v. Court of Appeals (1968), 14 Ohio St. 2d 109. The Court of Appeals, in the instant cause, expressed its reasoning for denying the writ as follows:

“We are asked to declare that the vacation of [the] plea was erroneous. We can not do this under this proceeding. The withdrawal and vacation of [a] plea is a fait accompli. Prohibition…