State ex rel. Simpson v. Kirby
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The Supreme Court granted a peremptory writ of prohibition compelling the probate-juvenile court to vacate its order granting the applications for immunity filed by two witnesses in a criminal case under Ohio Rev. Code 2945.44, holding that the probate-juvenile court patently and unambiguously lacked jurisdiction to grant the applications.
Relator was charged with misdemeanor counts relating to her juvenile son, L.C. The prosecution filed an application in the county court seeking immunity for L.C. under section 2945.44, but the judge denied the application for want of jurisdiction. Thereafter, the prosecution filed an application in the probate-juvenile court requesting immunity for both L.C. and his stepbrother, M.R. The judge granted immunity to both witnesses. Relator then sought a writ of mandamus to compel the judge to vacate his order and a writ of prohibition. The Supreme Court granted a writ of prohibition in part and denied it in part and denied a writ of mandamus, holding the probate-juvenile court patently and unambiguously lacked jurisdiction to grant immunity under section 2945.44.
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