STATE EX REL. ASBERRY v. PAYNE

No. 97-1915.

82 Ohio St.3d 44 (1998)

THE STATE EX REL. ASBERRY v. PAYNE, JUDGE.

Supreme Court of Ohio.

Decided May 20, 1998.


Attorney(s) appearing for the Case

Southeastern Ohio Legal Services Program, Gary M. Smith and Mark J. Cardosi; Ohio State Legal Services Association and Thomas W. Weeks, for relator.

J.B. Collier, Jr., Lawrence County Prosecuting Attorney, and Jeffrey M. Smith, Assistant Prosecuting Attorney, for respondent.

John S. Marshall, urging granting of the writ for amici curiae, the Ohio Legal Assistance Foundation, the Association for Children for Enforcement of Support, Action Ohio, and the Ohio Domestic Violence Network.


Per Curiam.

Asberry asserts in her sole proposition of law that she is entitled to a writ of mandamus to compel the appointment of counsel for her in her juvenile court custody proceeding. In order to be entitled to the writ, Asberry must establish that she has a clear legal right to the appointment of counsel, that Judge Payne has a clear legal duty to appoint counsel for her, and that she has no adequate remedy in the ordinary course of law....

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