2013 Ohio 4942
Ohio Ct. App.2013Background
- Appellant Christopher D. Dewey, pro se, challenged jail time credit calculation on a two-year prison sentence.
- Trial court granted 34 days of jail time credit and denied additional credit; Dewey sought 155 more days.
- Appellate court previously affirmed the trial court’s 15-day additional credit determination on May 24, 2013.
- Dewey argued the trial court’s order created ambiguity after the Department of Rehabilitation and Correction extended his release date.
- Dewey sought a clerical-corrective remedy; after briefing, the trial court reaffirmed that 15 days is the appropriate credit, and Dewey appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the appeal moot due to Dewey's release? | Dewey asserts ongoing entitlement to more credit despite release. | State contends mootness governs once released; no remedy available. | Moot; appeal dismissed. |
Key Cases Cited
- State ex rel. Gordon v. Murphy, 112 Ohio St.3d 329 (2006-Ohio 6572) (mootness doctrine applies to jail-time-credit issues after release)
- State v. Jordan, 2004-Ohio-166 (2d Dist. Clark No. 2002CA110) (releases render jail-credit issues moot)
- State v. Feagin, 2013-Ohio-1837 (6th Dist. Huron No. H-12-014) (mootness and lack of remedy upon release)