Legal Opinion

State ex rel. Phillips v. Andrews

Ohio Supreme Court

Decided June 29, 1977No. Nos. 76-1232 and 76-1233PublishedCited by 3 opinions

1Per curiam

Case No. 76-1232 seeks a writ of prohibition to stop respondent from committing Brown to the Treatment Center in lieu of imprisonment. The respondent has already done so and Brown has spent his time at that institution. Case no. 76-1232 is, therefore, moot, since prohibition will not lie to theoretically interdict an action ¡■which has already transpired.

Case No. 76-1233, relator’s mandamus action, provides an adequate vehicle for review of the legal question posed by the parties. The issue involved is the alleged disparity between R. C. 4511.99(A) and 2935.33.

R. C. 4511.99(A) provides that:'

“…

2Cases cited2 opinions

  1. State ex rel. Moraites v. GormanOhio Supreme Court · 1975
  2. State ex rel. Owens v. McClureOhio Supreme Court · 1976

3Cited by3 opinions

  1. State ex rel. Hardesty v. WilliamsonOhio Supreme Court · 1984
  2. State v. JohnsonOhio Supreme Court · 1986
  3. City of Wadsworth v. SlankerOhio Court of Appeals · 1983

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