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STATE EX REL. SMITH v. LEWIS

No. 2012-CA-9.

2012 Ohio 4257

STATE EX REL., OREN KEITH SMITH Relator, v. HONORABLE JUDGE LINDON (SIC) D. LEWIS, Respondent.

Court of Appeals of Ohio, Fifth District, Perry County.

September 14, 2012.

Attorney(s) appearing for the Case

OREN KEITH SMITH, PRO SE, #A254706.00, Pickaway Correctional Inst., 11781 St. Rt. 762, P.O. Box 209, Orient, OH 43146, for Relator.

JOSEPH A. FLAUTT, Prosecuting Attorney, for Respondent.

W. Scott Gwin, P.J., William B. Hoffman, J. and Sheila G. Farmer, J., Judges.

OPINION

GWIN, P.J.

{¶ 1} Relator, Oren Smith, has filed a Petition for writ of prohibition. It appears Relator is arguing that a writ of prohibition should issue because the trial court's actions were void. Respondent has filed a motion to dismiss for failure to state a claim upon which relief may be granted.

{¶ 2} "If a lower court patently and unambiguously lacks jurisdiction to proceed in a cause, prohibition...

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