State ex rel. Thomas v. Harnett , 2019 Ohio 4044 ( 2019 )

[Cite as State ex rel. Thomas v. Harnett, 2019-Ohio-4044.]
COURT OF APPEALS
STARK COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE ex rel. DALON ANTHONY THOMAS, : JUDGES:
: Hon. W. Scott Gwin, P.J.
Relator, : Hon. Craig R. Baldwin, J.
: Hon. Earle E. Wise, J.
-vs- :
:
JUDGE CHRYSSA N. HARTNETT of the : Case No. 2019CA00091
STARK COUNTY COURT OF COMMON :
PLEAS, :
:
Repondent. : OPINION
CHARACTER OF PROCEEDING: Writ of Mandamus
JUDGMENT: Dismissed
DATE OF JUDGMENT: September 30, 2019
APPEARANCES:
For Relator For Respondent
DALON A. THOMAS, Pro Se JOHN D. FERRERO
#A324-811 Stark County Prosecuting Attorney
London Correctional Institution
P.O. Box 69 By: RONALD MARK CALDWELL
London, Ohio 43130 Assistant Prosecuting Attorney
110 Central Plaza South, Suite 510
Canton, Ohio 44702-1413
Stark County, Case No. 2019CA00091 2
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.