Opinion

State ex rel. Dunbar v. Ham

  • 45 Ohio St. 2d 112
  • 74 Ohio Op. 2d 213
  • 341 N.E.2d 594
  • 1976 Ohio LEXIS 544
Court
Ohio Supreme Court
Filed
Feb 11, 1976
Status
Published
Author
Herbert
On the bench
Brown, Celebrezze, Corrigan, Herbert, Neill, Stern
Cited by
19 cases

“[t]he phrase ‘upon its own motion’ is identical in import to the expression ‘sua sponte,’ which means ‘(o)f his or its own will or motion; voluntarily; without prompting or suggestion’ ”

How later courts described this case

  • “[t]he phrase ‘upon its own motion’ is identical in import to the expression ‘sua sponte,’ which means ‘(o)f his or its own will or motion; voluntarily; without prompting or suggestion’ ”

Written by the judges who cited it.

The opinion

Herbert, J.,

concurring. There is raised in this cause an issue which is coming before the court with increasing frequency, i. e., will a writ of prohibition issue to prevent a court from denying the relator “due process of law?” In all but the unusual case, that query should be answered in the negative.

There are undoubtedly some violations of some rights which rise to a level of constitutional insult sufficient to deprive a court of jurisdiction to act. However, the. survival of order in our administration of justice requires that such cases be few and far between.

This court and Courts of Appeals are entrusted with a constitutional grant of power to issue writs of prohibition. Flowing with that markedly important authority is a concomitant responsibility to recognize that lower courts must remain free to adjudicate; by the very nature of our system, the freedom to adjudicate necessarily includes the freedom to err.

The watchword in prohibition cases is “jurisdiction,” and jurisdiction is made of hardy stuff.

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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