State Ex Rel. Brown v. Ohio Department of Rehabilitation & Correction

2014 Ohio 2348, 12 N.E.3d 1187, 13 N.E.3d 720, 139 Ohio St. 3d 433

• Court: Ohio Supreme Court
• Decided: June 5, 2014
• Docket: 2013-1567
• Status: Published

Opinion

Per Curiam.

{¶ 1} We dismiss this appeal from the Tenth District Court of Appeals as moot. Appellant, David E. Brown, filed an action for a writ of mandamus to compel appellee, the Ohio Department of Rehabilitation and Correction (“ODRC”), to credit him with an additional 107 days of jail-time credit.

David E. Brown, pro se. Michael DeWine, Attorney General, and Peter L. Jamison, Assistant Attorney General, for appellee.

{¶ 2} However, according to the ODRC’s Offender Search website, Brown was released from prison on November 25, 2013, and is now on postrelease control. See http://www.drc.state.oh.us/OffenderSearch/details.aspx?id=A598641 (accessed May 20, 2014). Because he has served his full term of incarceration, his action in mandamus seeking jail-time credit is moot. 1 State ex rel. Gordon v. Murphy, 112 Ohio St.3d 329, 2006-Ohio-6572, 859 N.E.2d 928, ¶ 6; State ex rel. Compton v. Sutula, 132 Ohio St.3d 35, 2012-Ohio-1653, 968 N.E.2d 476, ¶ 5.

{¶ 3} We therefore dismiss Brown’s appeal.

Appeal dismissed.

O’Connor, C.J., and Pfeifer, O’Donnell, Lanzinger, Kennedy, French, and O’Neill, JJ., concur.

1 . An event that causes a case to become moot may be proved by extrinsic evidence. Pewitt v. Lorain Corr. Inst., 64 Ohio St.3d 470, 472, 597 N.E.2d 92 (1992).