STATE, EX REL. BAERKIRCHER v. RADCLIFFE

No. 86-1862.

31 Ohio St. 3d 14 (1987)

THE STATE, EX REL. BAERKIRCHER, v. RADCLIFFE, JUDGE.

Supreme Court of Ohio.

Decided May 27, 1987.


Attorney(s) appearing for the Case

Alfred E. Baerkircher, pro se.

Richard G. Ward, prosecuting attorney, for respondent.


Per Curiam.

An original action seeking a writ of mandamus is an improper avenue to correct a trial court's abuse of discretion in allowing fees and expenses to appointed counsel.

R.C. 2731.03 provides, in pertinent part:

"The writ of mandamus may require an inferior tribunal to exercise its judgment, or proceed to the discharge of any of its functions, but it cannot control judicial discretion."

Relator urges that after the trial court...

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