State ex rel. Bunting v. Styer
Annotate this CasePaul Bunting sought a writ of mandamus ordering Tuscarawas County Prosecuting Attorney Ryan Styer to prosecute Thomas Weaver for theft of a motorcycle. The court of appeals sua sponte dismissed the complaint after the prosecutor untimely filed a motion to dismiss. Bunting appealed. The Supreme Court affirmed, holding that the court of appeals did not abuse its discretion in dismissing the complaint because Styer’s failure to prosecute in this case was not an abuse of discretion, and therefore, Bunting did not have a clear legal right to a writ.
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