State ex rel. Hernandez v. Kennedy

2025 Ohio 1374

Opinion

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

STATE EX REL. LORENZO HERNANDEZ, :

Relator, :

v. : Case No. 114848 JUDGE JOY KENNEDY, :

Respondent. :

JOURNAL ENTRY AND OPINION

JUDGMENT: WRIT DENIED

DATE: April 15, 2025

Writ of Procedendo

Motion No. 582910

Order No. 583530

Appearances:

Lorenzo Hernandez, pro se.

Michael C. O’ Malley, Cuyahoga County Prosecuting Attorney, and James E. Moss, Assistant Prosecuting Attorney, for respondent.

ANITA LASTER MAYS, J.:

Lorenzo Hernandez, the relator, has filed a complaint for a writ of procedendo. Hernandez seeks an order from this court that compels Judge Joy Kennedy, the respondent, to render a ruling with regard to a motion to withdraw plea of guilty, filed October 9, 2024, in State v. Hernandez, Cuyahoga C.P. No. CR- 23-678380-A.1 Judge Kennedy has filed a motion for summary judgment that is granted.

Attached to the motion for summary judgment is a copy of a judgment entry, journalized March 18, 2025, which demonstrates that Judge Kennedy has denied Hernandez’s motion to withdraw plea of guilty. Relief is unwarranted because the request for a writ of procedendo is moot. Procedendo will not compel the performance of a duty that has already been performed. State ex rel. Ames v. Pokorny, 2021-Ohio-2070; Thompson v. Donnelly, 2018-Ohio-4073; State ex rel. S.Y.C. v. Floyd, 2020-Ohio-5189 (8th Dist.). See also State ex rel. Williams v. Croce, 2018-Ohio-2703; State ex rel. Fontanella v. Kontos, 2008-Ohio-1431.

Accordingly, we grant Judge Kennedy’s motion for summary judgment. Costs waived. The court directs the clerk of courts to serve all parties with notice of this judgment and the date of entry upon the journal as required by Civ.R. 58(B).

Writ denied.

_________________________

ANITA LASTER MAYS, JUDGE

MICHAEL JOHN RYAN, P.J., and DEENA R. CALABRESE, J., CONCUR

1Pursuant to Civ.R. 25(D)(1), Judge Joy Kennedy is substituted for Judge Shirley

Strickland-Saffold who was originally assigned to State v. Hernandez, Cuyahoga C.P. No. CR-23-678380-A, and has since retired from the Cuyahoga County Court of Common Pleas.