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STATE, EX REL. SHOOP, v. MITROVICH

No. 82-463.

4 Ohio St. 3d 220 (1983)

THE STATE, EX REL. SHOOP, PROS. ATTY., APPELLANT, v. MITROVICH, JUDGE, APPELLEE.

Supreme Court of Ohio.

Decided May 11, 1983.

Attorney(s) appearing for the Case

Messrs. Purola & Savage and Mr. Albert L. Purola, for appellant.

Messrs. Byron & Cantor and Mr. Patrick T. Ryan, for appellee.

Mr. John W. Allen, urging reversal for amicus curiae, Ohio Prosecuting Attorneys Assn.

KOEHLER, J.

It is well-established that in order for a writ of prohibition to issue, the relator must show the following:

"(1) The court or officer against whom it is sought must be about to exercise judicial or quasi-judicial power; (2) the exercise of such power must be unauthorized by law; (3) it must appear that the refusal of the writ would result in injury for which there is no adequate remedy." State...

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