State ex rel. Tubbs Jones v. Suster

Document Type

State ex rel. Tubbs Jones v. Suster, Ohio Supreme Court Case No. 97-1231


December 2, 1998


writ of prohibition, Ohio Supreme Court, wrongful imprisonment, standing, statute of limitations


In 1997, the Cuyahoga County Prosecutor filed a Writ of Prohibition with the Ohio Supreme Court in an effort to stop the civil case for wrongful imprisonment (Ohio Supreme Court Case No. 97-1231). The Prosecutor asserted that the Cuyahoga County Court of Common Pleas lacked jurisdiction due to tolling of the statute of limitations and the Sheppard Estate's lack of standing.

In this opinion, the Ohio Supreme Court denied the writ, because although the prosecutor's arguments may have had merit, the trial court did not patently and unambiguously lack jurisdiction. Therefore, the prosecutor's recourse was to raise these issues on appeal.