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State ex rel. Whittaker v. Lucas County Prosecutor’s Office

Court: Supreme Court of Ohio

Citation: 2021-Ohio-1241

Opinion Date: April 14, 2021

Judge: Per Curiam

Areas of Law: Personal Injury

The Supreme Court affirmed the judgment of the court of appeals denying Appellant’s complaint about a writ of mandamus to compel the Lucas County Prosecutor’s Office to bring felonious assault charges against Ronald Collins and Courtney Lykans for injuries that Appellant’s infant daughter sustained while she was in their care, holding that the court of appeals did not abuse its discretion. After Appellant’s daughter sustained life-threatening injuries Lykans and Collins were indicted on third-degree felony counts of child endangering. Lykans pled no contest to the charge, and Collins pled no contest to an amended fourth-degree felony charge of attempting child endangering. Plaintiff then filed a complaint about a writ of mandamus asking the court of appeals to order the prosecutor’s office to file felonious assault charges and Lykans and Collins. The court of appeals granted summary judgment in favor of the prosecutor. The Supreme Court affirmed, holding that Appellant did not establish that he had a clear legal right to the requested relief or that the prosecutor had a clear legal duty to provide it.

This case law update is brought to you by Freeway Law, personal injury, and auto car accident lawyers. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.

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