Sanders v. HudsonSanders v. Hudson
For Petitioner-Appellant
GARY SANDERS #512-022
Mansfield Correctional Institution
Box 788
Mansfield, OH 44901
For Respondent-Appellee
RICHARD CORDRAY
M. SCOTT CRISS
150 East Gay Street, 16th Floor
Columbus, OH 43215
O P I N I O N
{¶1} Petitioner Gary Sanders appeals a judgment of the Court of Common Pleas of Richland County, Ohio, which denied his petition for a writ of Habeas Corpus and an immediate release from incarceration.
{¶2} Habeas Corpus is an extraordinary remedy available only if the petitioner is entitled to the immediate release from confinement, State ex rel. Jackson v. McFaul, 73 Ohio St. 3d 185, 1995-Ohio-228, 652 N.E.2d 746 ;
{¶3} In general, an appellate court can only consider evidence that was before the trial court, but if a later event causes the case to become moot the court may consider extrinsic evidence outside the record. State ex rel. Cincinnati Inquirer v. Dupuis, 98 Ohio St. 3d 126, 2002-Ohio-7041, 781 N.E.2d 163 at paragraph 8, citations deleted. In Crase v. Bradshaw, 108 Ohio St. 3d 212, 2006-Ohio-663, 842 N.E.2d 513, at paragraph 5, the Ohio Supreme Court found an appeal from the denial of a habeas corpus appeal was moot after the petitioner was released, even though the evidence had occurred subsequent to the filing of the notice of appeal and thus was not in the record. Id.
{¶5} The appeal is dismissed.
By Gwin, P.J.,
Hoffman, J., and
Wise, J., concur
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HON. W. SCOTT GWIN
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HON. WILLIAM B. HOFFMAN
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HON. JOHN W. WISE
WSG:clw 0601
For the reasons stated in our accompanying Memorandum-Opinion, the appeal is dismissed as moot. Costs to appellant.
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HON. W. SCOTT GWIN
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HON. WILLIAM B. HOFFMAN
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HON. JOHN W. WISE