State v. Muwwakkil
2018 Ohio 4443
Ohio Ct. App.2018Background
- Faheem Muwwakkil pleaded guilty in 2015 to one count of felony domestic violence and was placed on five years of community control.
- In October 2017 his probation officer alleged three violations; Muwwakkil failed to appear for a violation hearing and a capias issued.
- He was arrested January 29, 2018, jailed, and at a February 23, 2018 hearing admitted to the violations.
- The trial court continued community control and imposed a 180-day jail sanction by entry filed February 27, 2018.
- Muwwakkil requested 26 days of jail-time credit (Jan. 29–Feb. 23) on March 1, 2018; he appealed the February 27 entry on March 20 before the trial court ruled on the credit motion and did not seek a stay.
- The appellate court dismissed the appeal as moot because Muwwakkil had already completed the challenged jail term and did not show an applicable exception to mootness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Muwwakkil was entitled to jail-time credit for days jailed pre-hearing | State: trial court correctly denied credit because local sanction not treated as creditable prison time | Muwwakkil: entitled to 26 days credit for time jailed from arrest to hearing | Appeal dismissed as moot; issue not reviewable because sentence completed and no exception to mootness shown |
Key Cases Cited
- Fortner v. Thomas, 22 Ohio St.2d 13 (1970) (courts decide actual controversies that can be carried into effect)
- Miner v. Witt, 82 Ohio St. 237 (1910) (courts do not decide abstract questions)
- State v. Wilson, 41 Ohio St.2d 236 (1975) (appeal moot when sentence satisfied unless collateral disability alleged)
- In re S.J.K., 114 Ohio St.3d 23 (2007) (defines collateral disability surviving satisfaction of sentence)
- State v. Golston, 71 Ohio St.3d 224 (1994) (felony-conviction appeals not moot despite sentence completion when conviction itself is challenged)
- State ex rel. Plain Dealer Pub. Co. v. Barnes, 38 Ohio St.3d 165 (1988) ("capable of repetition, yet evading review" exception to mootness)
- State ex rel. Dispatch Printing Co. v. Louden, 91 Ohio St.3d 61 (2001) (clarifies test for capable-of-repetition exception)
- State ex rel. Calvary v. Upper Arlington, 89 Ohio St.3d 229 (2000) (same)