State ex rel. Allison v. Haas

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[Cite as State ex rel. Allison v. Haas, 2012-Ohio-4395.] COURT OF APPEALS STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT JAMES CHRISTOPHER ALLISON, STATE OF OHIO EX REL Relator JUDGES: Hon. William B. Hoffman, P.J. Hon. John W. Wise, J. Hon. Julie A. Edwards, J. -vs- Case No. 2012CA00086 JOHN G. HAAS, JUDGE, COURT OF COMMON PLEAS OPINION Respondent CHARACTER OF PROCEEDING: Writ of Mandamus JUDGMENT: Dismissed DATE OF JUDGMENT ENTRY: September 24, 2012 APPEARANCES: For Relator For Respondent JAMES CHRISTOPHER ALLISON #A471-762 Marion Correctional Institution P.O. Box 57 Marion, Ohio 43301 JOHN D. FERRERO Stark County Prosecuting Attorney KATHLEEN O. TATARSKY Assistant Prosecuting Attorney Appellate Section Stark County Prosecutor s Office 110 Central Plaza South Suite 510 Canton, Ohio 44702 Stark County, Case No. 2012CA00086 2 Hoffman, P.J. {¶1} Relator, James Allison, has filed a Complaint for writ of mandamus requesting this Court issue a writ requiring Respondent to waive the fine and court costs imposed in Relator s underlying criminal case. Respondent has filed a motion to dismiss on the basis the Complaint has become moot. {¶2} Subsequent to the filing of the instant of Complaint, the trial court issued an order waiving Relator s fine and court costs. {¶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 and grant the motion to dismiss. By: Hoffman, P.J. Wise, J. and Edwards, J. concur s/ William B. Hoffman _________________ HON. WILLIAM B. HOFFMAN s/ John W. Wise _____________________ HON. JOHN W. WISE s/ Julie A. Edwards___________________ HON. JULIE A. EDWARDS Stark County, Case No. 2012CA00086 3 IN THE COURT OF APPEALS FOR STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT JAMES CHRISTOPHER ALLISON, STATE OF OHIO EX REL Relator -vsJOHN G. HAAS, JUDGE, COURT OF COMMON PLEAS Respondent : : : : : : : : : : : JUDGMENT ENTRY Case No. 2012CA00086 For the reasons stated in our accompanying Opinion, we find the complaint for writ of mandamus is moot and grant the motion to dismiss. Costs waived. s/ William B. Hoffman _________________ HON. WILLIAM B. HOFFMAN s/ John W. Wise _____________________ HON. JOHN W. WISE s/ Julie A. Edwards___________________ HON. JULIE A. EDWARDS

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