State Ex Rel. Brown v. Ohio Department of Rehabilitation & Correction ( 2014 )

[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as
State ex rel. Brown v. Ohio Dept. of Rehab. & Corr., Slip Opinion No. 2014-Ohio-2348.]
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65 South Front Street, Columbus, Ohio 43215, of any typographical or
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SLIP OPINION NO. 2014-OHIO-2348THE STATE EX REL. BROWN, APPELLANT, v. OHIO DEPARTMENT OF
REHABILITATION & CORRECTION, APPELLEE.
[Until this opinion appears in the Ohio Official Reports advance sheets,
it may be cited as State ex rel. Brown v. Ohio Dept. of Rehab. & Corr.,
Slip Opinion No. 2014-Ohio-2348.]
Mandamus—Action seeking jail-time credit is moot after inmate is released from
prison—Appeal dismissed.
(No. 2013-1567—Submitted May 13, 2014—Decided June 5, 2014.)
APPEAL from the Court of Appeals for Franklin County,
No. 13AP-188, 2013-Ohio-4061.
_____________________
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 appellee, the Ohio Department of Rehabilitation and Correction
(“ODRC”), to credit him with an additional 107 days of jail-time credit.
SUPREME COURT OF OHIO
{¶ 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.
_____________________
David E. Brown, pro se.
Michael DeWine, Attorney General, and Peter L. Jamison, Assistant
Attorney General, for appellee.
________________________
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).
2