Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

THE STATE EX REL. LOCKHART, APPELLANT, v. WHITNEY, JUDGE, APPELLEE.

Per Curiam.Page 96

{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, John C. Lockhart Jr., for writs of mandamus and procedendo. Lockhart seeks the writs to compel appellee, Delaware County Court of Common Pleas Judge W. Duncan Whitney, to issue a sentencing entry in Lockhart's criminal case that complies with Crim. R. 32. Lockhart challenges the propriety of Judge Whitney's December 2009 nunc pro tunc sentencing entry.

{¶ 2} Lockhart's claims for extraordinary relief lack merit because the sentencing entry fully complied with Crim. R. 32(C) by including the findings of the jury upon which his convictions are based, the sentence, the signature of the judge, and the time stamp indicating journalization by the clerk of court. See State ex rel. Cunningham v. Lindeman, 126 Ohio St.3d 481, 2010-Ohio-4388, 935 N.E.2d 393, ¶ 1. "Neither procedendo nor mandamus will compel the performance of a duty that has already been performed." State ex rel. Kreps v. Christiansen (2000), 88 Ohio St.3d 313, 318, 725 N.E.2d 663; State ex rel. Rose v. McGinty, 123 Ohio St.3d 86, 2009-Ohio-4050, 914 N.E.2d 366, ¶ 2.

{¶ 3} Therefore, the court of appeals correctly dismissed Lockhart's petition, and we affirm that judgment.

Judgment affirmed.

O'CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O'DONNELL, LANZINGER, CUPP, and McGEE BROWN, JJ., concur.

Use AI to get other relevant cases.

Comments

STATE EX REL. LOCKHART v. WHITNEY
(Sep 28, 2011)