State ex rel. Walker v. DeWeese

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[Cite as State ex rel. Walker v. DeWeese, 2017-Ohio-8240.] COURT OF APPEALS RICHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE OF OHIO, ex rel. GARY D. WALKER Relator JUDGES: Hon. Patricia A. Delaney, P. J. Hon. John W. Wise, J. Hon. Earle E. Wise, J. -vsJUDGE JAMES DEWEESE RICHLAND COUNTY COMMON PLEAS COURT Respondent Case No. 17 CA 38 OPINION CHARACTER OF PROCEEDING: Writ of Mandamus JUDGMENT: Dismissed DATE OF JUDGMENT ENTRY: October 17, 2017 APPEARANCES: For Relator For Respondent GARY D. WALKER RICHLAND CORR. INSTITUTION 1001 Olivesburg Road Mansfield, Ohio 44901 HARRISON L. CRUMRINE ASSISTANT PROSECUTOR 38 South Park Street Mansfield, Ohio 44902 Richland County, Case No. 17 CA 38 2 Delaney, P. J. {¶1} Relator, Gary Walker, has filed a Petition for Writ of Mandamus requesting this Court to order Respondent to issue a judgment entry in compliance with Crim.R. 32. Respondent filed a motion to dismiss indicating a compliant judgment entry has been issued. Relator has filed a response to the motion to dismiss acknowledging the entry has been filed but requesting court costs be imposed against Respondent. {¶2} For a writ of mandamus to issue, the Relator must have a clear legal right to the relief prayed for, the Respondent must be under a clear legal duty to perform the requested act, and Relator must have no plain and adequate remedy in the ordinary course of law. State, ex rel. Berger v. McMonagle (1983), 6 Ohio St.3d 28, 6 OBR 50, 451 N.E.2d 225. {¶3} However, the Supreme Court has held mandamus will not issue where the requested relief has been obtained, “Neither procedendo nor mandamus will compel the performance of a duty that has already been performed.” State ex rel. Kreps v. Christiansen (2000), 88 Ohio St.3d 313, 318, 725 N.E.2d 663, 668. Richland County, Case No. 17 CA 38 {¶4} 3 Because Respondent has issued a judgment entry pursuant to Relator’s motion for a judgment entry in compliance with Crim.R. 32, the request for a writ of mandamus has become moot. For this reason, the Petition for Writ of Mandamus is dismissed. By: Delaney, P. J. Wise, John, J., and Wise, Earle, J., concur. ___________________________________ HON. PATRICIA A. DELANEY ___________________________________ HON. JOHN W. WISE ___________________________________ HON. EARLE E. WISE, JR. Richland County, Case No. 17 CA 38 4 IN THE COURT OF APPEALS FOR STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE OF OHIO, ex rel. GARY D. WALKER Relator -vsJUDGE JAMES DEWEESE RICHLAND COUNTY COMMON PLEAS COURT Respondent : : : : : : : : : : : : JUDGMENT ENTRY Case No. 17 CA 38 For the reasons stated in our accompanying Memorandum-Opinion, Relator’s Petition for Writ of Mandamus is dismissed. Costs are waived. ___________________________________ HON. PATRICIA A. DELANEY ___________________________________ HON. JOHN W. WISE ___________________________________ HON. EARLE E. WISE, JR.

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