STATE EX REL. WELLINGTON v. KOBLY

No. 2006-1163.

112 Ohio St.3d 195 (2006)

2006-Ohio-6571

THE STATE EX REL. WELLINGTON, SHERIFF, APPELLEE, v. KOBLY, JUDGE, APPELLANT.

Supreme Court of Ohio.

Decided December 20, 2006.


Attorney(s) appearing for the Case

Paul J. Gains, Mahoning County Prosecuting Attorney, and Gina DeGenova Bricker, Assistant Prosecuting Attorney, for appellee.

Iris Torres Guglucello, Youngstown Law Director, and Anthony J. Farris, Deputy Law Director, for appellant.

Byron & Byron Co., L.P.A., Barry M. Byron, and Stephen L. Byron; and John Gotherman, urging reversal for amicus curiae Ohio Municipal League.

Christopher Sammarone, urging reversal for amici curiae Judge Robert P. Milich and Judge Robert A. Douglas of the Youngstown Municipal Court.


Per Curiam.

{¶ 1} This is an appeal from a judgment granting a writ of prohibition that prevents a municipal court judge from proceeding with a contempt hearing against a sheriff who violated the judge's order by releasing a convicted misdemeanant from the county jail. The writ of prohibition also prevents the municipal judge from issuing further orders that would compel the sheriff to...

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