Opinion

State ex rel. Chattams v. Pater

  • 131 Ohio St. 3d 119
  • 2012 Ohio 55
Court
Ohio Supreme Court
Filed
Jan 12, 2012
Status
Published
On the bench
O'Connor, Pfeifer, Stratton, O'Donnell, Lanzinger, Cupp, Brown
Cited by
2 cases
Authority
More cited than 51.1%

The opinion

[Cite as State ex rel. Chattams v. Pater, 131 Ohio St.3d 119, 2012-Ohio-55.]

THE STATE EX REL. CHATTAMS, APPELLANT, v. PATER, JUDGE, APPELLEE.

[Cite as State ex rel. Chattams v. Pater, 131 Ohio St.3d 119, 2012-Ohio-55.]

Court of appeals’ judgment denying injunctive relief affirmed—Courts of appeals

lack original jurisdiction in prohibitory injunction.

(No. 2011-1317—Submitted January 3, 2012—Decided January 12, 2012.)

APPEAL from the Court of Appeals for Butler County, No. CA2010-07-183.

__________________

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals denying the request

of appellant, D’Anthony Chattams, for immediate injunctive relief stopping the

further execution of his prison term, in the context of his mandamus case against

appellee, Butler County Court of Common Pleas Judge Charles Pater. Courts of

appeals lack original jurisdiction in prohibitory injunction. State ex rel. Esarco v.

Youngstown City Council, 116 Ohio St.3d 131, 2007-Ohio-5699, 876 N.E.2d 953,

¶ 11. Moreover, habeas corpus, and not mandamus, is the appropriate action to

seek release from prison. State ex rel. Briscoe v. Matia, 128 Ohio St.3d 365,

2011-Ohio-760, 944 N.E.2d 667, ¶ 10.

Judgment affirmed.

O’CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O’DONNELL,

LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.

__________________

D’Anthony Chattams, pro se.

_____________________

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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