City of Cleveland Heights v. Lewis, 129 Ohio St. 3d 389

Lewis was convicted of obstructing official business in a bench trial and given a fine, costs, suspended jail term and inactive probation.
He moved for a stay of execution in the trial court; the stay was denied.
He paid the fine and costs and appealed, but did not seek a stay in the appellate court; the probation period expired during the appeal.
The Eighth District previously held the completion of a misdemeanor sentence is not voluntary and should not moot an appeal if a stay was sought in the trial court.
The court concluded the appeal was not moot and certified a conflict with Second and Seventh Districts; the Supreme Court resolved the conflict in favor of the Eighth District.
Concurring opinions emphasize significant collateral consequences of misdemeanor convictions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does completing a misdemeanor sentence moot an appeal if a trial-court stay was sought but not appellate-court stay?	Lewis maintained he did not voluntarily complete the sentence and thus preserved the appeal.	Cleveland Heights argued completion moots the appeal once sentence is served.	Not moot; completion not voluntary when stay was sought.
Must a defendant seek a stay in the appellate court to preserve eligibility for appellate review when the trial court stay is denied?	No requirement to seek appellate stay to preserve appeal.	Mootness may occur if no appellate stay is sought.	Not necessary to pursue an appellate stay to preserve the appeal.
Do collateral consequences or intent to challenge the conviction affect mootness of a misdemeanor appeal?	There are no collateral consequences or intent shown to moot the appeal.	Collateral consequences and intent indicate the appeal should proceed.	Yes; substantial stake and potential collateral consequences mean the appeal remains subject for review.

State v. Wilson, 41 Ohio St.2d 236 (1975) (voluntary completion of sentence may moot appeal if no collateral consequences)
State v. Berndt, 29 Ohio St.3d 3 (1987) (reversible error to decide moot appeal; dismissal reinstates judgment)
State v. Golston, 71 Ohio St.3d 224 (1994) (felony conviction collateral consequences create exception to mootness for felonies)
In re S.J.K., 114 Ohio St.3d 23 (2007) (recognizes substantial stake in judgment for review when mootness considerations apply)
St. Pierre v. United States, 319 U.S. 41 (1943) (historic mootness principle: served sentences may moot review)
State v. Malone, 25 So.3d 113 (La. 2009) (completion of sentence not voluntary if defendant could have sought stay; intent to retain review matters)