Summary
The Ohio Eleventh District Court of Appeals dismissed Shawn L. Armstrong’s petition for a writ of habeas corpus as moot. Armstrong had challenged his confinement while felony charges were pending before the Trumbull County Grand Jury, but the grand jury returned a no bill and he was released from jail before adjudication. The court granted the sheriff’s motion to dismiss and overruled other pending motions as moot.
Holdings
- A habeas corpus petition is moot when the petitioner is released from confinement before the petition is adjudicated because habeas corpus requires present unlawful restraint and entitlement to immediate release.
- The court granted Wilson's motion to dismiss and dismissed Armstrong's habeas corpus petition as moot; all other pending motions were overruled as moot.
Questions Presented
- Whether Armstrong's habeas corpus petition became moot when he was released from confinement before adjudication.
- Whether the court should grant Wilson's motion to dismiss the habeas petition.
Disposition
dismissed
Cases Cited (9)
- State ex rel. Cannon v. Mohr, 2018-Ohio-4184, ¶ 10(followed)
- Leyman v. Bradshaw, 2016-Ohio-1093, ¶ 8(followed)
- Petrowski v. State, 1999 WL 454478, *2 (11th Dist. June 30, 1999)(followed)
- Ball v. Maxwell, 1 Ohio St. 2d 77, 78 (1965)(followed)
- Tomkalski v. Maxwell, 175 Ohio St. 377, 378 (1963)(followed)
- Page v. Green, 174 Ohio St. 178, 179 (1963)(followed)
- Pewitt v. Lorain Correctional Inst., 1992-Ohio-91, ¶ 7(followed)
- McDonald v. Keiter, 25 Ohio St. 2d 281, 283 (1971)(followed)
- Larsen v. State, 2001-Ohio-133, ¶ 4(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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