STATE EX REL. HECK v. KESSLER

No. 94-1831.

72 Ohio St.3d 98 (1995)

THE STATE EX REL. HECK ET AL., v. KESSLER, JUDGE.

Supreme Court of Ohio.

Decided April 26, 1995.


Attorney(s) appearing for the Case

Mathias H. Heck, Jr., Montgomery County Prosecuting Attorney, and Carley J. Ingram, Assistant Prosecuting Attorney; Betty D. Montgomery, Attorney General, and Simon B. Karas, Deputy Chief Counsel, for relators.

David H. Bodiker, Ohio Public Defender, and Susan Gellman, Assistant Public Defender, for respondent.


Per Curiam.

Initially, relators note that Staton has died and that the action is moot as to him. Accordingly, that portion of relators' complaint for extraordinary relief is properly dismissed as moot. The following discussion is limited to May, defendant in the remaining underlying criminal case pending before Judge Kessler.

As to their claim for a writ of mandamus, relators must establish a clear legal right to have Judge Kessler try May on the ethnic...

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