State ex rel. Jones v. Montgomery Cty. Court of Common Pleas, 96-584
| Decision Date | 26 June 1996 |
| Docket Number | No. 96-584,96-584 |
| Citation | 665 N.E.2d 673,75 Ohio St.3d 642 |
| Parties | The STATE ex rel. JONES, Appellant, v. MONTGOMERY COUNTY COURT OF COMMON PLEAS, Appellee. |
| Court | Ohio Supreme Court |
David M. Jones, pro se.
Mathias H. Heck, Jr., Montgomery County Prosecuting Attorney, and Richard W. Divine, Assistant Prosecuting Attorney, for appellee.
The judgment of the court of appeals is affirmed for the reasons stated in its opinion. Jones possessed an adequate remedy in the ordinary course of law to obtain the requested transcripts, i.e., his motion in the court of appeals in his pending appeal. See, generally, State ex rel. Howard v. Ferreri (1994), 70 Ohio St.3d 587, 592, 639 N.E.2d 1189, 1194-1195.
Jones's contention that his mandamus action took precedence over his subsequently filed motion for transcripts is meritless. See State ex rel. Newton v. Court of Claims (1995), 73 Ohio St.3d 553, 557, 653 N.E.2d 366, 370, quoting Oregon v. Dansack (1993), 68 Ohio St.3d 1, 4, 623 N.E.2d 20, 22 (). In addition, the mere fact that the court of appeals subsequently overruled Jones's motion for transcripts did not render that remedy inadequate. See State ex rel. Nichols v. Cuyahoga Cty. Bd. of Mental Retardation & Dev. Disabilities (1995), 72 Ohio St.3d 205, 209, 648 N.E.2d 823, 827.
Accordingly, we affirm the judgment of the court of appeals.
Judgment affirmed.
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