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3 Ohio St. 3d 22

State ex rel. Huff v. Carson

Ohio Supreme Court

Decided March 2, 1983

Ohio Supreme Court · decided 1983-03-02

Cited by 1 later decisions — most recently July 1983

1 state decisions

Relies on State ex rel. Harris v. Rhodes

Good law ✅— No negative treatment on recordhow we know

Decided 1983-03-02

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Per Curiam.

¶1This is an appeal as of right from the dismissal of appellant’s complaint for a writ of mandamus by the court of appeals.

¶2In his complaint appellant contended that John H. Carson, Jr., appellee, an attorney at law, has a mandatory duty to provide appellant all legal material in his possession which relates to a criminal case in which Carson acted as counsel for appellant. This mandatory duty, appellant alleged, arises from an attorney’s responsibility as an officer of the court and from the Code of Professional Responsibility (DR 2-110[A][2]) which states a lawyer is to give to the client “ all papers and property to which the client is entitled ” when the lawyer-client relationship has terminated.

¶3The court of appeals, in sustaining Carson’s motion to dismiss stated the well-established principle that a writ of mandamus will not be issued unless the relator shows a clear legal right to the requested relief. It found that appellant referred to no authority giving him such a clear legal right. With specific reference to Carson’s professional responsibilities it was found appellant had failed to demonstrate he was clearly entitled to such documents as is required under DR 2-110.

¶4We agree with the conclusion of the court of appeals that appellant has not shown a clear legal right to the relief sought. See State, ex rel. Harris, v. Rhodes (1978), 54 Ohio St. 2d 41 [8 O.O.3d 36].

¶5The judgment of the court of appeals is affirmed.

¶6Judgment affirmed.

Celebrezze, C.J., Sweeney, Locher, Holmes and C. Brown, JJ., concur.W. Brown, J., concurs in judgment only.J. P. Celebrezze, J., not participating.
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