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JOHNS v. SUPREME COURT OF OHIO

No. 83-3358.

753 F.2d 524 (1985)

Frank L. JOHNS, Plaintiff-Appellant, v. The SUPREME COURT OF OHIO, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 30, 1985.

Attorney(s) appearing for the Case

Edwin F. Woodle (argued), Coconut Creek, Fla., Crede Calhoun, Cleveland, Ohio, for plaintiff-appellant.

Thomas V. Martin, John T. Williams (argued), Asst. Attys. Gen., Columbus, Ohio, for defendant-appellee.

Before ENGEL and KRUPANSKY, Circuit Judges, and HILLMAN, District Judge.

ENGEL, Circuit Judge.

The principal issue in this appeal is whether a federal district judge has power, in a suit seeking relief under 42 U.S.C. § 1983, to compel the Supreme Court of Ohio to rehear an appeal which a majority of its justices had decided adversely to the plaintiff. Plaintiff claims, first in the district court and now before us, that the decision reached by the Ohio courts was not in accord with either federal constitutional law or the law of...

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