[Cite as Hill v. Cottrill, 2012-Ohio-4581.]

COURT OF APPEALS MUSKINGUM COUNTY, OHIO FIFTH APPELLATE DISTRICT

MATTHEW HILL. : JUDGES: : Hon. Patricia A. Delaney, P.J.

Relator : Hon. Sheila G. Farmer, J. : Hon. Julie A. Edwards, J. -vs- : : Case No. CT12-0036 KELLY COTTRILL, JUDGE, ET AL : : Respondents : OPINION

CHARACTER OF PROCEEDING: Writ of Mandamus

JUDGMENT: Dismissed

DATE OF JUDGMENT: September 27, 2012

APPEARANCES: For Relator For Respondents MATTHEW HILL NONE N.C.I. #478-775 15708 McConnelsville Road Caldwell, Ohio 43724 Muskingum County, Case No. CT12-0036 2 Farmer, J.

{¶1} Relator, Matthew Hill, has filed a complaint for writ of mandamus requesting this Court to issue a writ requiring Respondent to rule on a motion for appointment of counsel and motion for transcript at state expense filed in the trial court.

{¶2} Subsequent to the filing of the instant of Complaint, the trial court issued an order appointing an attorney to represent Relator in his criminal appeal.

{¶3} The Supreme Court has held, “Neither procedendo nor mandamus will compel the performance of a duty that has already been performed. State ex rel. Grove v. Nadel (1998), 84 Ohio St.3d 252, 253, 703 N.E.2d 304, 305.” State ex rel. Kreps v. Christiansen (2000), 88 Ohio St.3d 313, 318, 725 N.E.2d 663, 668.

{¶4} Because the requested relief has already been obtained, we find the complaint for writ of mandamus is moot.

{¶5} We also note Relator had an adequate remedy at law by way of filing a motion for appointment of counsel and motion for transcript in this Court.

Muskingum County, Case No. CT12-0036 3

{¶6} For these reasons, the requested writ will not issue and the cause is dismissed. .

By Farmer, J.

Delaney, P.J. and Edwards, J. concur.

s / Sheila G. Farmer______________

s / Patricia A. Delaney_____________

s / Julie A. Edwards_______________ JUDGES

SGF/as 905 [Cite as Hill v. Cottrill, 2012-Ohio-4581.]

IN THE COURT OF APPEALS FOR MUSKINGUM COUNTY, OHIO FIFTH APPELLATE DISTRICT

MATTHEW HILL : : Relator : : -vs- : JUDGMENT ENTRY : KELLY COTTRILL, JUDGE, ET AL : : Respondents : CASE NO. CT12-0036

For the reasons stated in our accompanying Memorandum-Opinion, the requested writ will not issue and the cause is dismissed.

s / Sheila G. Farmer______________

s / Patricia A. Delaney_____________

s / Julie A. Edwards_______________ JUDGES