On Thursday, September 19, 2024, Hamilton County Prosecutor Melissa Powers filed a petition for a writ of prohibition and mandamus in the Ohio Supreme Court against Judge Christian A. Jenkins of the Hamilton County Court of Common Pleas. This legal action arises from concerns regarding Judge Jenkins’ handling of a case involving Jeffrey Wogenstahl, who has been convicted of aggravated murder, kidnapping, and aggravated burglary.

The petition alleges that Judge Jenkins has improperly exercised jurisdiction over Wogenstahl’s case while it is still pending before the Ohio Supreme Court. Specifically, Powers claims that Jenkins issued orders requiring the prosecution to release LEADS and NCIC records, which she argues is a violation of Ohio Revised Code §2913.04. This statute prohibits unauthorized access to law enforcement databases, and Powers contends that complying with Jenkins’ orders would expose her office to potential felony prosecution.

Wogenstahl’s case has drawn significant attention due to its serious charges and the ongoing legal complexities surrounding it. In 1994, Wogenstahl was convicted of aggravated murder, aggravated burglary, and kidnapping. Recently, he filed a delayed application for reopening his appeal, challenging the effectiveness of his appellate counsel and raising issues related to the jurisdiction of the trial court.

The Ohio Supreme Court is currently considering Wogenstahl’s claims, which include allegations that the trial court lacked the authority to convict him based on jurisdictional grounds. As the case remains under review, Powers argues that any actions taken by Jenkins, including the scheduling of a hearing for Wogenstahl’s motion for a new trial, are unauthorized and conflict with the Supreme Court’s jurisdiction over the matter.

In her affidavit supporting the petition, Prosecutor Powers emphasized the necessity of the writ to prevent Jenkins from enforcing his orders that she believes exceed his legal authority.

The legal framework governing such proceedings relies on the principle that once an appeal is filed, the trial court loses jurisdiction over matters that may affect the appellate court’s ability to review the case. This principle, cited in prior court decisions, underlines the contention that Jenkins should refrain from issuing further orders or conducting hearings related to Wogenstahl’s case until the Supreme Court resolves the jurisdictional questions.

Powers reiterated in her filings that the current actions of Judge Jenkins risk undermining the judicial process and could lead to unlawful orders being executed. The petition asserts that the Hamilton County Prosecutor’s Office lacks adequate legal remedies to address what they view as the unauthorized exercise of judicial power by Jenkins.

Judge Jenkins was elected to the Hamilton County Court of Common Pleas for a six-year term commencing on January 2, 2021. Judge Jenkins’ courtroom is located at 1000 Main Street, Room 360, Cincinnati, Ohio 45202, and can be reached at 513-946-5961.

A copy of the original filing can be found here.