STATE EX REL. SMITH v. YOST

No. 97-1865.

81 Ohio St.3d 111 (1998)

THE STATE EX REL. SMITH, APPELLANT, v. YOST, JUDGE, APPELLEE.

Supreme Court of Ohio.

Decided February 18, 1998.


Attorney(s) appearing for the Case

Stanley Smith, pro se.

Thomas L. Sartini, Ashtabula County Prosecuting Attorney, and Linda G. Silakoski, Assistant Prosecuting Attorney, for appellee.


Per Curiam.

We affirm the judgment of the court of appeals for the following reasons.

First, a writ of mandamus will not issue if there is an adequate remedy in the ordinary course of the law. R.C. 2731.05. As we held in a habeas corpus case instituted by Smith in which he raised the same claim of an improper jury verdict, extraordinary relief is unavailable because Smith could have raised this claim in a direct appeal from his conviction...

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