Thompson v. Donnelly (Slip Opinion)
Thompson v. Donnelly (Slip Opinion)
Opinion
*184 {¶ 1} Appellant, Lamar Thompson Jr., appeals the decision of the Eighth District Court of Appeals denying his complaint for a writ of procedendo against Cuyahoga County Common Pleas Court Judge Michael Donnelly. We affirm.
*185 {¶ 2} On August 8, 2017, Thompson filed a complaint in the Eighth District for a writ of procedendo, in which he alleged that his postconviction petition had been pending before Judge Donnelly, without decision, for more than six months. Judge Donnelly filed a motion for summary judgment on September 5, 2017. Along with the motion, he submitted a judgment entry, dated August 1, 2017, denying Thompson's postconviction petition.
{¶ 3}
The court of appeals granted the motion and denied the writ, in part because procedendo "will not compel the performance of a duty that has already been performed." 8th Dist. Cuyahoga No. 106100,
{¶ 4} Thompson appealed.
{¶ 5}
We hold that the court of appeals correctly denied the writ on the ground of mootness.
See
State ex rel. Poulton v. Cottrill
,
{¶ 6}
Thompson's merit brief does not address this legal argument, other than to suggest that he was unaware that Judge Donnelly had ruled on the postconviction petition. Instead, he argues that the evidence was not sufficient to sustain his underlying criminal conviction (proposition of law No. 1 ) and that his guilty plea was not made voluntarily or with the requisite understanding set forth in Crim.R. 11 (proposition of law No. 2 ). Neither issue was raised in the complaint, so they have been waived.
State ex rel. Sevayega v. Gallagher
,
{¶ 7} The court of appeals correctly determined that Thompson's complaint failed to state a claim in procedendo.
Judgment affirmed.
O'Connor, C.J., and O'Donnell, Kennedy, French, Fischer, DeWine, and DeGenaro, JJ., concur.
Reference
- Full Case Name
- THOMPSON, Appellant, v. DONNELLY, Judge, Appellee.
- Cited By
- 13 cases
- Status
- Published
- Syllabus
- Procedendo—Mandamus—Court of appeals correctly denied complaint because procedendo will not compel performance of a duty that has already been performed—Appellant not entitled to extraordinary relief in mandamus because he had an adequate remedy by way of appeal—Court of Appeals' judgment affirmed.