State ex rel. Carter v. Wilkinson

In order to be entitled to a writ of mandamus, Carter has to establish that he possesses a clear legal right to the relief prayed for, that respondent is under a clear legal duty to perform the requested act, and that Carter has no plain and adequate remedy at law. State ex rel. Westchester Estates, Inc. v. Bacon (1980), 61 Ohio St.2d 42, 15 O.O.3d 53, 399 N.E.2d 81, paragraph one of the syllabus.

Carter based his entitlement to the requested relief on R.C. 2967.18(A), which provides:

*66“Whenever the director of rehabilitation and correction determines that the total population of state penal or…