State ex rel. Hernandez v. Kennedy

2025 Ohio 1374

• Court: Ohio Court of Appeals
• Decided: April 15, 2025
• Docket: 114848
• Status: Published

Opinion

[Cite as State ex rel. Hernandez v. Kennedy, 2025-Ohio-1374.]

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.