State ex rel. Rainey v. Vodrey

Summary

The Eighth District Court of Appeals dismissed Jared Rainey’s complaint for a writ of procedendo against Judge William L. Vodrey. The court held that the request was moot because the judge had already ruled on Rainey’s motion for jail-time credit, and further held that the complaint failed to comply with R.C. 2969.25(A) and (C).

Holdings

1. The request for a writ of procedendo was moot because the respondent judge had already performed the duty that the writ sought to compel.
2. An extraordinary writ may not be used to correct an error in calculating jail-time credit; such an error must be challenged by direct appeal.
3. Failure to file the affidavit of prior civil actions required by R.C. 2969.25(A) and the certified institutional cashier’s statement required by R.C. 2969.25(C) required dismissal of the procedendo complaint.

Questions Presented

1. Whether a writ of procedendo could issue when the respondent judge had already ruled on the motion for jail-time credit.
2. Whether the court could use an extraordinary writ to correct an alleged error in the calculation of jail-time credit.
3. Whether failure to comply with the mandatory filing requirements of R.C. 2969.25(A) and (C) required dismissal of the procedendo complaint.

Disposition

dismissed