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Hill v. Cottrill

COURT OF APPEALS MUSKINGUM COUNTY, OHIO FIFTH APPELLATE DISTRICT
Sep 27, 2012
2012 Ohio 4581 (Ohio Ct. App. 2012)

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


Summaries of

Hill v. Cottrill

COURT OF APPEALS MUSKINGUM COUNTY, OHIO FIFTH APPELLATE DISTRICT
Sep 27, 2012
2012 Ohio 4581 (Ohio Ct. App. 2012)
Case details for

Hill v. Cottrill

Case Details

Full title:MATTHEW HILL. Relator v. KELLY COTTRILL, JUDGE, ET AL Respondents

Court:COURT OF APPEALS MUSKINGUM COUNTY, OHIO FIFTH APPELLATE DISTRICT

Date published: Sep 27, 2012

Citations

2012 Ohio 4581 (Ohio Ct. App. 2012)