State ex rel. Thomas v. Hartnett

Full title: STATE ex rel. DALON ANTHONY THOMAS, Relator, v. JUDGE CHRYSSA N. HARTNETT…

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

Date published: Sep 30, 2019

2019 Ohio 4044 (Ohio Ct. App. 2019)

Opinion

Case No. 2019CA00091

09-30-2019

STATE ex rel. DALON ANTHONY THOMAS, Relator, v. JUDGE CHRYSSA N. HARTNETT of the STARK COUNTY COURT OF COMMON PLEAS, Repondent.

APPEARANCES: For Relator DALON A. THOMAS, Pro Se #A324-811 London Correctional Institution P.O. Box 69 London, Ohio 43130 For Respondent JOHN D. FERRERO Stark County Prosecuting Attorney By: RONALD MARK CALDWELL Assistant Prosecuting Attorney 110 Central Plaza South, Suite 510 Canton, Ohio 44702-1413

Baldwin, J.

JUDGES: Hon. W. Scott Gwin, P.J. Hon. Craig R. Hon. Earle E. Wise, J.

OPINION

CHARACTER OF PROCEEDING: Writ of Mandamus JUDGMENT: Dismissed APPEARANCES: For Relator DALON A. THOMAS, Pro Se
#A324-811
London Correctional Institution P.O. Box 69
London, Ohio 43130 For Respondent JOHN D. FERRERO
Stark County Prosecuting Attorney By: RONALD MARK CALDWELL
Assistant Prosecuting Attorney
110 Central Plaza South, Suite 510
Canton, Ohio 44702-1413 Baldwin, J.

{¶1} On June 25, 2019, Dalon Thomas filed a petition for writ of mandamus to compel Judge Chryssa Hartnett to rule on his pending motion to withdraw guilty plea. This Court is permitted to consider facts outside the record to show that a case is moot. Miner v. Witt, 82 Ohio St. 237, 239, 92 N.E. 21 (1910). Here, Judge Hartnett issued a Judgment Entry on July 11, 2019 denying Mr. Thomas's Motion to Vacate Convictions and Withdraw Plea.

{¶2} The issuance of the Judgment Entry rendered Mr. Thomas's writ of mandamus moot. See State ex rel. Eubank v. McDonald, 135 Ohio St.3d 186, 2013-Ohio-72, 985 N.E.2d 463, ¶1 ("Mandamus will not lie to compel an act that has already been performed.") See also State ex rel. Scruggs v. Sadler, 102 Ohio St.3d 160, 2004-Ohio-2054, 807 N.E.2d 357, ¶5; State ex rel. Richard v. Wells, 64 Ohio St.3d 76, 77, 591 N.E.2d 1240 (1992). Therefore, because Mr. Thomas's writ of mandamus is moot it is dismissed.

{¶3} 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). By: Baldwin, J. Gwin, P.J. and Wise, Earle, J. concur.