State ex rel. Davis v. Gallagher

Citations

• 2022 Ohio 129

Syllabus

Mandamus, procedendo, pending motion, Civ.R. 12(B)(6), hybrid representation, duty of trial court to rule on pro se motion. Relator seeks a writ of procedendo/mandamus in order to compel the trial court to issue rulings with regard to pending pro se motions. The relator does not possess the right to representation by counsel and pro se representation, often know as hybrid representation. When a criminal defendant is represented by counsel, a trial court is prohibited from ruling on a pro se motion unless counsel joins in the pro se motion. Herein, the relator filed numerous pro se motions without the assistance or approval of counsel. Because the relator was represented by counsel, the trial court possesses no duty to issue rulings with regard to any pro se motion. The complaint for procedendo/mandamus fails to state a claim and is subject to a sua sponte dismissal.