State ex rel. Weaver v. Sheehan

2023 Ohio 3890

Opinion

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

STATE EX REL., DANIEL WEAVER, :

Relator, No. 113194 :

v.

:

JUDGE BRENDAN SHEEHAN ADMINISTRATIVE/PRESIDING JUDGE, :

Respondent. :

JOURNAL ENTRY AND OPINION

JUDGMENT: WRIT DENIED

DATED: October 20, 2023

Writ of Procedendo

Motion No. 568555

Order No. 568668

Appearances:

Deanna Robertson, for relator.

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

EMANUELLA D. GROVES, J.:

Daniel Weaver, the relator, has filed a complaint for a writ of procedendo. Weaver seeks an order from this court that compels Judge Brendan

Sheehan, the respondent, to render a ruling with regard to an application for expungement/sealing of the criminal conviction, filed November 6, 2020, in State v. Weaver, Cuyahoga C.P. No. CR-20-654316-A. Judge Sheehan has filed a motion for summary judgment that is granted.

Attached to the motion for summary judgment is a copy of judgment entry, journalized October 12, 2023, which demonstrates that Judge Sheehan has granted Weaver’s application for expungement/sealing of the criminal conviction in CR-20-654316-A. 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, 164 Ohio St.3d 538, 2021- Ohio-2070, 173 N.E.3d 1208; Thompson v. Donnelly, 155 Ohio St.3d 184, 2018- Ohio-4073, 119 N.E.3d 1292; State ex rel. S.Y.C. v. Floyd, 8th Dist. Cuyahoga No. 109602, 2020-Ohio-5189. See also State ex rel. Williams v. Croce, 153 Ohio St.3d 348, 2018-Ohio-2703, 106 N.E.3d 55; State ex rel. Hopson v. Cuyahoga Cty. Court of Common Pleas, 135 Ohio St.3d 456, 2013-Ohio-1911, 989 N.E.2d 49; State ex rel. Fontanella v. Kontos, 117 Ohio St.3d 514, 2008-Ohio-1431, 885 N.E.2d 220.

Writ denied.

________________________

EMANUELLA D. GROVES, JUDGE

MARY EILEEN KILBANE, P.J., and MARY J. BOYLE, J., CONCUR