State ex rel. Johnson v. Foley, 2022-0196

CourtUnited States State Supreme Court of Ohio
Writing for the CourtPER CURIAM.
Citation2022 Ohio 3634
PartiesThe State ex rel. Johnson, Appellant, v. Foley, Warden, Appellee.
Docket Number2022-0196
Decision Date18 October 2022


The State ex rel. Johnson, Appellant,

Foley, Warden, Appellee.

No. 2022-0196

Supreme Court of Ohio

October 18, 2022

Submitted August 2, 2022

Appeal from the Court of Appeals for Lorain County, No. 21CA011789, 2022-Ohio-36.

Marvin F. Johnson Sr., pro se.

Dave Yost, Attorney General, and Maura O'Neill Jaite, Assistant Attorney General, for appellee.


{¶ 1} We affirm the Ninth District Court of Appeals' dismissal of appellant Marvin F. Johnson Sr.'s petition for a writ of habeas corpus because he is no longer incarcerated and his habeas claim is thus moot.

{¶ 2} In 2016, Johnson was sentenced to six years in prison for several drug-related offenses to which he had pleaded no contest. His sentence was affirmed on


appeal, State v. Johnson, 8th Dist. Cuyahoga No. 105560, 2018-Ohio-169, and has withstood additional legal challenges, see State v. Johnson, 8th Dist. Cuyahoga No. 107126, 2019-Ohio-632, appeal not accepted, 156 Ohio St.3d 1445, 2019-Ohio-2498, 125 N.E.3d 928; Johnson v. Eppinger, N.D.Ohio No. 1:19-cv-984, 2021 WL 861509 (Mar. 8, 2021).

{¶ 3} In 2021, Johnson filed in the Ninth District a petition for a writ of habeas corpus against appellee, Keith Foley, warden of the Lorain Correctional Institution in which Johnson was incarcerated, arguing that sentencing errors entitled him to immediate release. The warden filed a motion to dismiss under Civ.R. 12(B)(6) for failure to state a valid claim for relief, and the court of appeals granted the motion.

{¶ 4} Johnson appealed to this court. Two weeks after Johnson filed his appeal, he was released from prison and placed under postrelease-control supervision. See Ohio Department of Rehabilitation and Correction, Offender Details, (accessed Sept. 9, 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 St.3d 69, 748 N.E.2d 72 (2001) ("If a habeas corpus petitioner seeking release is subsequently released, the petitioner's habeas corpus claim is normally rendered moot").

{¶ 5} Because Johnson's petition is moot, we affirm its dismissal by the court of appeals.

Judgment affirmed.

O'CONNOR, C.J., and...

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