Opinion
Case No. CT12-0036
09-27-2012
MATTHEW HILL. Relator v. KELLY COTTRILL, JUDGE, ET AL Respondents
For Relator MATTHEW HILL N.C.I. #478-775 For Respondents NONE
JUDGES:
Hon. Patricia A. Delaney, P.J.
Hon. Sheila G. Farmer, J.
Hon. Julie A. Edwards, J.
OPINION
CHARACTER OF PROCEEDING: Writ of Mandamus
JUDGMENT: Dismissed
APPEARANCES:
For Relator
MATTHEW HILL
N.C.I. #478-775
For Respondents
NONE Farmer , J.
{¶1} Relator, Matthew Hill, has filed a complaint for writ of mandamus requesting this Court to issue a writ requiring Respondent to rule on a motion for appointment of counsel and motion for transcript at state expense filed in the trial court.
{¶2} Subsequent to the filing of the instant of Complaint, the trial court issued an order appointing an attorney to represent Relator in his criminal appeal.
{¶3} The Supreme Court has held, "Neither procedendo nor mandamus will compel the performance of a duty that has already been performed. State ex rel. Grove v. Nadel (1998), 84 Ohio St.3d 252, 253, 703 N.E.2d 304, 305." State ex rel. Kreps v. Christiansen (2000), 88 Ohio St.3d 313, 318, 725 N.E.2d 663, 668.
{¶4} Because the requested relief has already been obtained, we find the complaint for writ of mandamus is moot.
{¶5} We also note Relator had an adequate remedy at law by way of filing a motion for appointment of counsel and motion for transcript in this Court.
{¶6} For these reasons, the requested writ will not issue and the cause is dismissed. By Farmer, J. Delaney, P.J. and Edwards, J. concur.
Sheila G. Farmer
Patricia A. Delaney
Julie A. Edwards
JUDGES
SGF/as 905
MATTHEW HILL Relator
v.
KELLY COTTRILL, JUDGE, ET AL Respondents
JUDGMENT ENTRY
CASE NO. CT12-0036
For the reasons stated in our accompanying Memorandum-Opinion, the requested writ will not issue and the cause is dismissed.
Sheila G. Farmer
Patricia A. Delaney
Julie A. Edwards
JUDGES