State ex rel. Peoples v. O'Shaughnessy (Slip Opinion), 2021 Ohio 1572

In 2002 Peoples was convicted in Franklin County of aggravated murder and related firearm specifications and sentenced to an aggregate 34 years-to-life, including a six-year term on an R.C. 2941.146 (drive-by) firearm specification.
On collateral review the Tenth District held in May 2019 that the drive-by specification’s statutory maximum is five years, not six, and remanded with instructions to vacate the six-year term and resentence to five years.
R.C. 2953.13 directs the clerk to certify a remand to the warden when an incarcerated defendant’s case is remanded, and then the warden must convey the defendant to the convicting county jail for commitment to the sheriff.
Before the clerk certified the Tenth District’s remand, the trial court (June 10, 2019) issued an amended judgment entry reducing the specification to the correct five-year term and did not order a resentencing hearing.
Peoples filed an original action for writs of mandamus against the Franklin County clerk (O’Shaughnessy), the NEOCC warden (LaRose), and the ODRC director (Chambers-Smith) seeking certification and transfer to the Franklin County jail; the clerk later certified and was dismissed from the case.
The Seventh District dismissed the remaining claims as moot because transporting Peoples to the county jail would have been a vain act (no resentencing would occur); the Supreme Court of Ohio affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether respondents (warden/director) had a duty under R.C. 2953.13 to take custody of and transport Peoples to the convicting county jail after the appellate remand	Peoples: R.C. 2953.13 requires transfer upon remand certification	LaRose/Chambers-Smith: no duty because the trial court had already corrected the judgment and no resentencing was required; transfer would be futile	Held: No duty to transfer; mandamus will not compel a vain act and relief would be moot
Whether the county clerk (O’Shaughnessy) failed to perform her R.C. 2953.13 certification duty	Peoples: clerk had not timely certified the remand to the warden	O’Shaughnessy: she issued the certification in July 2019	Held: Clerk had complied and was properly dismissed from the suit

State ex rel. Waters v. Spaeth, 131 Ohio St.3d 55 (Ohio 2012) (elements required for mandamus relief)
State ex rel. Strothers v. Turner, 79 Ohio St.3d 272 (Ohio 1997) (mandamus will not issue to compel a vain act)
State ex rel. Snider v. Stapleton, 65 Ohio St.3d 40 (Ohio 1992) (example that relief is futile when the underlying event is moot)
State ex rel. Natl. Elec. Contrs. Assn., Ohio Conference v. Ohio Bur. of Emp. Servs., 83 Ohio St.3d 179 (Ohio 1998) (standard for dismissal under Civ.R. 12(B)(6))
State ex rel. Brown v. Nusbaum, 152 Ohio St.3d 284 (Ohio 2017) (review of Civ.R. 12(B)(6) dismissal is de novo)