State ex rel. Gantt v. Coleman
Decision Date | 13 July 1983 |
Docket Number | No. 82-1221,82-1221 |
Parties | , 6 O.B.R. 4 The STATE, ex rel. GANTT, Appellant, v. COLEMAN, Judge, Appellee. |
Court | Ohio Supreme Court |
On April 11, 1979, appellant, Shelley Gantt, was indicted for three counts of aggravated robbery and one count of carrying a concealed weapon, under R.C. 2911.01 and 2923.12, respectively. Appellant subsequently entered a plea of guilty to one count of aggravated robbery and he was sentenced to serve a term of seven to twenty-five years in the Chillicothe Correctional Facility.
On December 11, 1981, appellant filed a petition for post-conviction relief in the Court of Common Pleas of Cuyahoga County alleging that he was denied effective assistance of counsel. In May 1982, appellant instituted an action in the court of appeals in which he sought a writ of mandamus to compel the trial court to rule on his petition. Thereafter, Judge Frederick M. Coleman, appellee, issued his findings of fact and conclusions of law in which he concluded that no substantial grounds for relief existed in the petition for post-conviction relief. Accordingly, the petition was dismissed pursuant to R.C. 2953.21(C). In view of Judge Coleman's decision, the court of appeals dismissed appellant's action in mandamus on the grounds of mootness.
The cause is now before this court on an appeal as of right.
Shelley Gantt, pro se.
John T. Corrigan, Pros. Atty. and Gary W. Johnson, Cleveland, for appellee.
It is well-established that the extraordinary writ of mandamus " * * * will not issue to compel a public official to perform a legal duty which has been completed." State, ex rel. Breaux v. Court of Common Pleas (1977), 50 Ohio St.2d 164, 363 N.E.2d 743 , citing State, ex rel. Bowman, v. Asmann (1925), 113 Ohio St. 394, 149 N.E. 328. Stated otherwise, the writ will not lie in order to secure a determination of issues which have become moot pending consideration by the court of appeals. State, ex rel. Hawke v. Weygandt (1947), 148 Ohio St. 453, 456, 75 N.E.2d 691 . See, also, State, ex rel. Warner & Swasey Co., v. Indus. Comm. (1977), 50 Ohio St.2d 152, 363 N.E.2d 736 .
Since a ruling on the petition for post-conviction relief was issued during the pendency of appellant's original action, the court of appeals correctly determined that the issues raised in the complaint for a writ of mandamus had become moot. State, ex rel. Breaux, v. Court of Common Pleas, supra.
For the foregoing reasons the...
To continue reading
Request your trial-
State ex rel. Mackey v. Blackwell, 2004 Ohio 7004 (OH 12/22/2004)
...rel. Jerningham v. Cuyahoga County Court of Common Pleas, 74 Ohio St.3d 278, 1996-Ohio-117, 658 N.E.2d 723; State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163. {¶3} In addition, a writ of mandamus will not be issued where there exists a plain and adequate remedy in the o......
-
State, ex rel. Stamps v. Automatic Data Processing Bd. of Montgomery County
...his appointment is moot. Mandamus may not be ordered to accomplish an act that has already been done. State, ex rel. Gantt, v. Coleman (1983), 6 Ohio St.3d 5, 6 OBR 4, 450 N.E.2d 1163. Likewise, mandamus cannot be allowed to compel the approval of Nusbaum's salary. While Stamps is authorize......
-
State ex rel. Municipal Constr. Equipment Operators' Labor Council v. City of Cleveland, 2004 Ohio 1261 (Ohio App. 3/12/2004), Case No. 83057.
...summary judgment as a matter of law because the Council's request for public records has been rendered moot. State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163; State ex rel. Jerningham v. Cuyahoga County Court of Common Pleas (1996), 74 Ohio St.3d 278, 658 N.E.2d {¶10} ......
-
Hutton v. Corrigan
...ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 OhioSt.3d 278, 1996-Ohio-117, 658 N.E.2d 723; State ex rel. Gantt v. Coleman, 6 Ohio St.3d 5, 450 N.E.2d 1163 (1983). Finally, an original action may not be employed to prevent the collection of any court costs as imposed by the ......