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

Ohio Supreme Court
State Ex Rel. Brown v. Ohio Department of Rehabilitation & Correction, 2014 Ohio 2348 (Ohio 2014)
139 Ohio St. 3d 433; 12 N.E.3d 1187
O'Connor, Pfeifer, O'Donnell, Lanzinger, Kennedy, French, O'Neill

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

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 *434 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).

Reference

Full Case Name
The State Ex Rel. Brown, Appellant, v. Ohio Department of Rehabilitation & Correction, Appellee
Cited By
18 cases
Status
Published
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