COURT OF APPEALS OF OHIO EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 83998 STATE OF OHIO EX REL. : SHAWN NELSON : : JOURNAL ENTRY Relator : : and : vs. : OPINION : : JUDGE BURT W. GRIFFIN : : Respondent : CHARACTER OF PROCEEDING: WRIT OF MANDAMUS/PROHIBITION (Motion No. 356689) JUDGMENT: DISMISSED DATE OF JOURNALIZATION: April 14, 2004 APPEARANCES: For Relator: SHAWN W. NELSON Inmate No. 431-685 Mansfield Correctional Inst. P.O. Box 788 Mansfield, Ohio 44901-0788 For Respondent: WILLIAM D. MASON, ESQ. Cuyahoga County Prosecutor SHERRY F. McCREARY Assistant County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 -2- ANTHONY O. CALABRESE, JR., J.: Shawn Nelson, the relator, has filed a "complaint for a writ of mandamus, or in the alternative, [a] writ of prohibition. " Nelson seeks to compel Judge Burt W. Griffin, the respondent, to "vacate the judgment of conviction and resultant sentence in Cuyahoga County Common Pleas Case No. CR416032, and to prohibit the respondent from exercising any further unauthorized authority to enforce the orders, judgments and/or sentence noted herein, and to prohibit the respondent from exercising any future or other authority over the case which is not authorized by law. " Judge Griffin has filed a motion to dismiss which we grant for the following reasons. Before this court is permitted to issue a writ of mandamus, Nelson must meet each prong of the following three-part test: (1) Nelson possesses a clear right to the requested relief; (2) Judge Griffin possesses a clear legal right to perform the requested relief; and (3) there exists no adequate remedy in the ordinary course of the law. State ex rel. Manson v. Morris (1993), 66 Ohio St.3d 440, 613 N.E.2d 232. Herein, Nelson has failed to establish that he possesses a legal right which mandates that the judgment of conviction and resulting sentence of incarceration, as rendered in State v. Nelson, Cuyahoga County Court of Common Pleas Case No. CR- 416032, be vacated or that Judge Griffin possesses the legal duty to vacate the resulting judgment of conviction and sentence of -3- incarceration. Finally, Nelson has failed to establish that he possesses no other plain and adequate remedy at law. Thus, Nelson's request for a writ of mandamus must fail. State ex rel. Bardo v. Lyndhurst (1988), 37 Ohio St.3d 106, 524 N.E.2d 447. Nelson's request for a writ of prohibition must also fail. In order for this court to issue a writ of prohibition, Nelson must demonstrate that (1) Judge Griffin is about to exercise judicial power; (2) the exercise of judicial power by Judge Griffin is unauthorized by law; and (3) if the writ of prohibition does not issue, Nelson will suffer injury for which no other adequate remedy exists. State ex rel. Connor v. McGough (1989), 46 Ohio St.3d 188, 546 N.E.2d 407. Herein, Nelson has failed to establish that the exercise of judicial power by Judge Griffin, which involved presiding over a criminal indictment, was unauthorized by law. In addition, Nelson possesses or possessed an adequate remedy at law through a direct appeal or postconviction proceedings. State ex rel. Largent v. Fisher (1988), 43 Ohio St.3d 160, 540 N.E.2d 239; State ex rel. Fyffe v. Pierce (1980), 40 Ohio St.3d 8, 531 N.E.2d 673. It must also be noted that a challenge to the sufficiency of an indictment can only be addressed through a direct appeal. State ex rel. Hadlock v. McMackin (1991), 61 Ohio St.3d 433, 575 N.E.2d 184; State v. Wozniak (1961), 172 Ohio St. 517, 178 N.E.2d 800. Accordingly, we grant Judge Griffin's motion to dismiss. Nelson's complaint for a writ of mandamus and a writ of prohibition -4- is denied. Costs waived. It is further ordered that the Clerk of the Eighth District Court of Appeals serve notice of this judgment upon all parties as mandated by Civ.R. 58(B). Complaint dismissed. ___________________________________ ANTHONY O. CALABRESE, JR. JUDGE MICHAEL J. CORRIGAN, A.J., CONCURS TIMOTHY E. McMONAGLE, J., CONCURS .