STATE, EX REL. LEIS v. OUTCALT

No. 82-14.

1 Ohio St. 3d 147 (1982)

THE STATE, EX REL. LEIS, PROS, ATTY., APPELLANT v. OUTCALT, JUDGE, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 4, 1982.


Attorney(s) appearing for the Case

Mr. Simon L. Leis, Jr., prosecuting attorney, and Mr. Leonard Kirschner, for appellant.

Mr. G. Ernie Ramos, Jr., for appellee Judge Outcalt.


KRUPANSKY, J.

A writ of mandamus will issue if appellant shows appellee is under a clear legal duty to perform the requested act, that appellant has a clear legal right to the requested relief and that appellant has no plain and adequate remedy in the ordinary course of the law. See, e.g., State, ex rel. Heller, v. Miller (1980), 61 Ohio St.2d 6 [15 O.O.3d 3], paragraph one of the syllabus.

I.

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