State ex rel. Lagway v. Williams - Mandamus Dismissed
Summary
The Ohio Court of Appeals dismissed a writ of mandamus filed by Willie Lagway against former Summit County Judge James Williams. The court found the petition fatally defective because the respondent, Judge Williams, had retired and could no longer perform the requested duties, and the relator had not named a party capable of granting the relief sought.
What changed
The Ohio Court of Appeals has dismissed a writ of mandamus filed by Willie Lagway against former Summit County Court of Common Pleas Judge James Williams. The relator sought to compel Judge Williams to correct an error in a 1993 sentencing entry or to reenter judgment to allow an appeal. The court found the petition "fatally defective" because the respondent, Judge Williams, is no longer in office and thus cannot perform the requested duties. The court cited precedent establishing that a mandamus petition is subject to dismissal when the petitioner fails to name a party capable of granting the requested relief.
This decision has practical implications for legal professionals involved in post-conviction relief and appellate proceedings. It underscores the critical importance of correctly identifying and naming the proper respondent in mandamus actions, particularly when seeking to compel actions from former officials. Failure to do so can result in the immediate dismissal of the petition, as demonstrated in this case. Compliance officers should ensure that all legal filings, especially those involving extraordinary writs, adhere strictly to procedural requirements regarding party identification and jurisdiction.
What to do next
- Ensure all mandamus petitions correctly identify the current party with the authority to grant the requested relief.
- Review existing or potential mandamus actions for proper respondent identification, especially concerning retired or former officials.
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March 25, 2026 Get Citation Alerts Download PDF Add Note
State ex rel. Lagway v. Williams
Ohio Court of Appeals
- Citations: 2026 Ohio 1014
Docket Number: 31697
Syllabus
Mandamus, improper party, fatally defective, deceased respondent, dismissed
Combined Opinion
[Cite as State ex rel. Lagway v. Williams, 2026-Ohio-1014.]
STATE OF OHIO ) IN THE COURT OF APPEALS
)ss: NINTH JUDICIAL DISTRICT
COUNTY OF SUMMIT )
STATE OF OHIO EX REL. WILLIE
LAGWAY
Relator
C.A. No. 31697
v.
JUDGE JAMES WILLIAMS
ORIGINAL ACTION IN MANDAMUS
Respondent
Dated: March 25, 2026
PER CURIAM.
{¶1} Relator, Willie Lagway, has petitioned this Court for a writ of mandamus against
Respondent, former Summit County Court of Common Pleas Judge Williams. Mr. Lagway seeks
to compel Judge Williams to correct an error in his sentencing entry or to reenter judgment to allow
Mr. Lagway to appeal his sentence. The State has moved to dismiss the petition. Mr. Lagway has
filed an amended complaint but has not responded to the motion to dismiss. For the following
reasons, this Court dismisses the petition.
{¶2} “Mandamus is a writ, issued in the name of the state to an inferior tribunal, a
corporation, board, or person, commanding the performance of an act which the law specially
enjoins as a duty resulting from an office, trust, or station.” R.C. 2731.01. When a mandamus
petitioner fails to name any party who can grant the relief he seeks in his petition, the petition is
“fatally defective” and subject to dismissal. State ex rel. Johnson v. Jensen, 2014-Ohio-3159, ¶ 5.
2
Accord State ex rel. Adams v. Winkler, 2022-Ohio-271, ¶ 10-14; State ex rel. Shepherd v. Court of
Common Pleas Ashtabula Cty., et al., 2024-Ohio-2866, ¶ 5 (11th Dist.).
{¶3} Judge Williams sentenced Mr. Lagway in 1993. Mr. Lagway seeks to compel
Judge Williams to correct an alleged error in his sentence. Alternatively, he seeks to compel the
judge to reissue his sentencing entry so that he might file a new appeal. Judge Williams is the only
respondent Mr. Lagway has named in his petition. As the State notes in its motion to dismiss,
however, Judge Williams no longer presides over Mr. Lagway’s criminal matter. Judge Williams
passed away before Mr. Lagway filed his petition. Although Mr. Lagway filed an amended
complaint after the State moved to dismiss, Judge Williams is still the only respondent named in
his amended complaint.
{¶4} Mr. Lagway’s petition “fail[s] to state a claim in mandamus because he did not
name any respondent who could grant the relief he seeks.” State ex rel. Adams at ¶ 14. Because
Judge Williams passed away before Mr. Lagway filed his petition, relief cannot be granted under
the petition filed against him. Thus, the petition is fatally defective and is dismissed on that basis.
See State ex rel. Johnson at ¶ 5; State ex rel. Shepherd at ¶ 5.
{¶5} Mr. Lagway’s petition is dismissed. Costs of this action are taxed to Mr. Lagway.
The clerk of courts is hereby directed to serve upon all parties not in default notice of this judgment
and its date of entry upon the journal. See Civ.R. 58(B).
SCOT A. STEVENSON
FOR THE COURT
3
HENSAL, J.
SUTTON, J.
CONCUR.
APPEARANCES:
WILLIE LAGWAY, Pro Se, Relator.
ELLIOT KOLKOVICH, Prosecuting Attorney, and JENNIFER M. PIATT, Assistant Prosecuting
Attorney, for Respondent.
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