State Ex Rel. Smith v. Tate

On August 21,1991, petitioner Ronald Smith commenced this habeas corpus action against Arthur Tate, Jr., Warden of the Lucasville Correctional Facility, “to execute a warrant of conveyance removing [Ronald Smith] from the Southern Ohio Correctional Facility, forthwith.” In the alternative, Smith pled mandamus seeking the same relief. The gravamen of his complaint is that he is being improperly held in Lucasville, because this court of appeals has vacated his guilty plea and remanded his case to the trial court for further proceedings. Thus, the warden either has no power to continue to…