State ex rel. Hawkins v. Haas, No. 2014–0013.

CourtUnited States State Supreme Court of Ohio
Writing for the CourtPER CURIAM.
Citation141 Ohio St.3d 98,2014 Ohio 5196,21 N.E.3d 1060
Docket NumberNo. 2014–0013.
Decision Date25 November 2014
Parties The STATE ex rel. HAWKINS v. HAAS, Judge, et al.

141 Ohio St.3d 98
21 N.E.3d 1060
2014 Ohio 5196

The STATE ex rel. HAWKINS
v.
HAAS, Judge, et al.

No. 2014–0013.

Supreme Court of Ohio.

Submitted Nov. 18, 2014.
Decided Nov. 25, 2014.


21 N.E.3d 1060

Cqualin Hawkins, pro se.

21 N.E.3d 1061

John D. Ferrero, Stark County Prosecuting Attorney, and Kathleen O. Tatarsky, Assistant Prosecuting Attorney, for respondent Judge John Haas.

Michael DeWine, Attorney General, and Maura O'Neill Jaite, Senior Assistant Attorney General, for respondent Warden Margaret Bradshaw.

PER CURIAM.

141 Ohio St.3d 98

{¶ 1} We dismiss relator Cqualin Hawkins's petition for writs of mandamus and habeas corpus. Hawkins asserts that the Ohio Department of Rehabilitation and Correction ("ODRC") miscalculated his jail-time credit and that it will not credit him with additional time without an order from the judge to do so. See Ohio Adm.Code 5120–2–04(H).

{¶ 2} In April 2010, Hawkins pleaded guilty to burglary, domestic violence, and assault. He was sentenced by respondent Judge John Haas in May 2010 to four years on the burglary charge, to be served concurrently with lesser sentences for the other offenses. In December 2010, he was released on community control. In March 2012, while on community control, Hawkins committed a new domestic-violence offense and was sentenced by Judge Taryn Heath to three years for that crime. In addition, because of the new crime, his community-control release was revoked and his 2010 sentence was reimposed in May 2012. Judge Haas's entry reimposing the sentence gives Hawkins jail-time credit for his time in custody both before he was released on community control and after he was arrested for the new crime. The ODRC document attached to Hawkins's complaint indicates a jail-time credit of 474 days as of May 3, 2012, for the 2010 sentence. The same document shows that Hawkins was credited with 54 days of jail time as of May 3, 2012, toward his sentence for the new offense.

{¶ 3} Hawkins filed this petition for writs of mandamus and habeas corpus in this court, asserting that the jail-time credit for the new offense should be the same as for the old offense, i.e., he should be given 420 additional days of jail-time credit toward his new three-year sentence, for a total of 474 days. We ordered a return on the writ.

{¶ 4} We dismiss Hawkins's petition for habeas corpus because it is moot. According...

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12 practice notes
  • State ex rel. Rice v. Judge Stephen Wolaver, Appellate Case No. 2015 CA 0031
    • United States
    • United States Court of Appeals (Ohio)
    • January 22, 2016
    ...matters," particularly with respect to actions of other courts, is not well-settled. Compare State ex rel. Hawkins v. Haas, 141 Ohio St.3d 98, 2014-Ohio-5196, 21 N.E.3d 1060, ¶ 4, fn. 1 ("An event that causes a case to become moot may be proved by extrinsic evidence") with St......
  • Lundeen v. Turner, No. 109240
    • United States
    • United States Court of Appeals (Ohio)
    • January 24, 2020
    ...Ed.2010). "An event that causes a case to become moot may be proved by extrinsic evidence." State ex rel. Hawkins v. Haas, 141 Ohio St.3d 98, 2014-Ohio-5196, 21 N.E.3d 1060, ¶ 4, fn. 1, citing State ex rel. Brown v. Ohio Dept. of Rehab. & Corr., 139 Ohio St.3d 433, 2014-Ohio-2......
  • State ex rel. Johnson v. Foley, 2022-0196
    • United States
    • United States State Supreme Court of Ohio
    • October 18, 2022
    ...Johnson's release from incarceration means that his habeas claim is moot. See State ex rel. Hawkins v. Haas, 141 Ohio St.3d 98, 2014-Ohio-5196, 21 N.E.3d 1060, ¶ 4 (finding former inmate's habeas claim moot "because he is no longer in custody"); see also Larsen v. State, 92 Ohio S......
  • Holloman v. Mohr, No. 2014–1569.
    • United States
    • United States State Supreme Court of Ohio
    • July 15, 2015
    ...is subsequently released, the petitioner's habeas corpus claim is normally rendered moot." ’ " State ex rel. Hawkins v. Haas, 141 Ohio St.3d 98, 2014-Ohio-5196, 21 N.E.3d 1060, ¶ 4, quoting Crase v. Bradshaw, 108 Ohio St.3d 212, 2006-Ohio-663, 842 N.E.2d 513, ¶ 5, quoting Larsen v......
  • Request a trial to view additional results
12 cases
  • State ex rel. Rice v. Judge Stephen Wolaver, Appellate Case No. 2015 CA 0031
    • United States
    • United States Court of Appeals (Ohio)
    • January 22, 2016
    ...matters," particularly with respect to actions of other courts, is not well-settled. Compare State ex rel. Hawkins v. Haas, 141 Ohio St.3d 98, 2014-Ohio-5196, 21 N.E.3d 1060, ¶ 4, fn. 1 ("An event that causes a case to become moot may be proved by extrinsic evidence") with St......
  • Lundeen v. Turner, No. 109240
    • United States
    • United States Court of Appeals (Ohio)
    • January 24, 2020
    ...Ed.2010). "An event that causes a case to become moot may be proved by extrinsic evidence." State ex rel. Hawkins v. Haas, 141 Ohio St.3d 98, 2014-Ohio-5196, 21 N.E.3d 1060, ¶ 4, fn. 1, citing State ex rel. Brown v. Ohio Dept. of Rehab. & Corr., 139 Ohio St.3d 433, 2014-Ohio-2......
  • State ex rel. Johnson v. Foley, 2022-0196
    • United States
    • United States State Supreme Court of Ohio
    • October 18, 2022
    ...Johnson's release from incarceration means that his habeas claim is moot. See State ex rel. Hawkins v. Haas, 141 Ohio St.3d 98, 2014-Ohio-5196, 21 N.E.3d 1060, ¶ 4 (finding former inmate's habeas claim moot "because he is no longer in custody"); see also Larsen v. State, 92 Ohio S......
  • Holloman v. Mohr, No. 2014–1569.
    • United States
    • United States State Supreme Court of Ohio
    • July 15, 2015
    ...is subsequently released, the petitioner's habeas corpus claim is normally rendered moot." ’ " State ex rel. Hawkins v. Haas, 141 Ohio St.3d 98, 2014-Ohio-5196, 21 N.E.3d 1060, ¶ 4, quoting Crase v. Bradshaw, 108 Ohio St.3d 212, 2006-Ohio-663, 842 N.E.2d 513, ¶ 5, quoting Larsen v......
  • Request a trial to view additional results

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