State ex rel. Bunting v. Styer (Slip Opinion)

{¶ 1} We affirm the judgment of the Fifth District Court of Appeals denying the petition of appellant, Paul Edward Bunting, for a writ of mandamus. Bunting sought a writ ordering appellee, Tuscarawas County Prosecuting Attorney Ryan Styer, to prosecute Thomas Weaver for the theft of a motorcycle. Because a prosecutor cannot be compelled to prosecute unless failing to do so is an abuse of discretion, Bunting does not have a clear legal right to a "writ.

Facts

{¶ 2} After Bunting was sentenced to 18 years in prison in August 2000, Thomas Weaver, his friend, agreed to store Bunting’s motorcycle on…