Legal Opinion

State ex rel. Brockman v. Proctor

Ohio Supreme Court

Decided July 3, 1973No. 72-857PublishedCited by 9 opinions

1Opinion of the Court

O’Neill, 0. J.

The relator seeks a writ of prohibition to prevent the mayor of Blue Ash from exercising his judicial jurisdiction to conduct the trial of relator who is charged with several traffic offenses. The facts are stipulated and the parties agree as to the single question of law presented.

The only issue to be determined by this court is: In a charter city, where a defendant is compelled to stand trial before the mayor who has no executive power or duties, but who is a voting member of the city council which determines the appropriations and expenditures of revenue derived from fines,…

2Cases cited4 opinions

  1. Tumey v. OhioSupreme Court of the United States · 1927
  2. Ward v. Village of MonroevilleSupreme Court of the United States · 1972
  3. Dugan v. OhioSupreme Court of the United States · 1928
  4. Dugan v. StateOhio Supreme Court · 1927

3Cited by9 opinions

  1. DePiero v. City of MacedoniaCourt of Appeals for the Sixth Circuit · 1999
  2. Depiero v. City Of MacedoniaCourt of Appeals for the Sixth Circuit · 1999
  3. Rose v. Village of PeninsulaDistrict Court, N.D. Ohio · 1995
  4. State v. KlinckOhio Supreme Court · 1989
  5. Rose v. Village of PeninsulaDistrict Court, N.D. Ohio · 1993

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