State ex rel. Reynolds v. Kirby

Citations

• 223 N.E.3d 417
• 172 Ohio St. 3d 273
• 2023 Ohio 782

Syllabus

Mandamus—Prohibition—R.C. 2945.44(A)—Neither probate-juvenile court's status as a division of a common pleas court nor its status as a probate court vested it with jurisdiction to grant application for immunity in criminal case— Prosecutor has no clear legal duty to file an application for immunity in general division of common pleas court because R.C. 2945.44(A) gives prosecutors discretion whether to pursue immunity—Writ granted to compel probate-juvenile court to vacate order granting immunity to two witnesses, and prosecutor's motion to dismiss complaint granted.