State ex rel. Sands v. Coulson

Summary

The Ohio Supreme Court held that a prosecutor has no clear legal duty to unilaterally vacate a criminal conviction, and therefore mandamus cannot compel such action. The court affirmed dismissal of a mandamus complaint seeking to require a prosecutor to dismiss convictions based on alleged perjured testimony. The decision underscores that a prosecutor’s duty to ensure a fair trial does not extend to having authority to vacate convictions, and that a relator must establish a clear legal right and duty for mandamus relief.

Holdings

1. A prosecutor has no clear legal duty to perform an action that he has no legal authority to undertake; a prosecutor does not have the authority to unilaterally vacate a conviction.

Questions Presented

1. Whether a prosecutor has a clear legal duty to dismiss a criminal conviction based on alleged perjured testimony.

Disposition

affirmed