State ex rel. Capron v. Dattilio

Summary

The Supreme Court of Ohio affirmed the dismissal of a mandamus action seeking to compel a clerk of courts to accept a criminal affidavit and a prosecutor to pursue a perjury charge. The court held that the clerk had no clear duty to accept the affidavit and that the prosecutor's decision not to prosecute was discretionary and was not shown to constitute an abuse of discretion.

Holdings

1. A private citizen may file an affidavit alleging a criminal offense under R.C. 2935.09(D), but the statute does not create a clear legal duty requiring the clerk to accept the affidavit for filing; R.C. 2935.09(D) must be read in pari materia with R.C. 2935.10(A).
2. A prosecutor has no clear legal duty to prosecute a crime alleged in a private affidavit; the decision whether to prosecute is generally discretionary and is subject to mandamus only when the failure to prosecute constitutes an abuse of discretion.
3. Capron was not entitled to a writ of mandamus because he failed to establish a clear legal right to the requested relief or clear legal duties on the part of the respondents.

Questions Presented

1. Whether a private citizen has a clear legal right to compel a clerk of courts to accept for filing an affidavit alleging a criminal offense.
2. Whether a prosecutor has a clear legal duty to prosecute an alleged crime when the prosecutor determines that the factual basis is insufficient.
3. Whether Capron was entitled to a writ of mandamus compelling the requested filing and prosecution.

Disposition

affirmed