State ex rel. Waterhouse v. Summit Cty. Common Pleas Court
Summary of the case State ex rel. Waterhouse v. Summit Cty. Common Pleas Court
Richard Waterhouse filed a petition for a writ of habeas corpus to secure his release from custody. The court dismissed the petition as moot because Waterhouse had already been released from custody after resolving his criminal cases. The court considered evidence outside the petition to determine mootness.
Key Issues of the case State ex rel. Waterhouse v. Summit Cty. Common Pleas Court
- Mootness of habeas corpus petition
- Release from custody
Key Facts of the case State ex rel. Waterhouse v. Summit Cty. Common Pleas Court
- Richard Waterhouse was incarcerated in the Summit County Jail.
- Waterhouse resolved his criminal cases and was released from custody.
Decision of the case State ex rel. Waterhouse v. Summit Cty. Common Pleas Court
The petition is dismissed as moot.
Opinions
[Cite as State ex rel. Waterhouse v. Summit Cty. Common Pleas Court, 2023-Ohio-1878.] STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) STATE EX REL. RICHARD L. WATERHOUSE Petitioner C.A.
No. 30565 v. SUMMIT COUNTY COMMON PLEAS ORIGINAL ACTION IN COURT HABEAS CORPUS Respondent Dated: June 7, 2023 PER CURIAM. {1} Richard Waterhouse petitioned this Court for a writ of habeas corpus to compel his release from custody. Respondent moved to dismiss. Because Mr. Waterhouse has been released from custody, the claim is moot and this Court dismisses the petition. {2} When Mr.
Waterhouse filed this action, he was incarcerated in the Summit County Jail. After this action, and the motion to dismiss, were filed, Mr. Waterhouse resolved his criminal cases. This Court may consider evidence outside the petition to determine that an action is moot.
State ex rel. Nelson v. Russo, 89 Ohio St.3d 227, 228 (2000). {3} According to the docket for his criminal cases, he entered pleas, was sentenced, and was released from custody. When a petitioner has been released from incarceration, the prisoner’s habeas corpus claim is moot.
State ex rel. Johnson v. Foley, Slip Opinion No. 2022-Ohio-3634, 4. C.A. No. 30565 Page 2 of 2 {4} Because Mr.
Waterhouse has been released from custody, his petition is moot. This case is dismissed. Costs are taxed to Mr. Waterhouse. {5} The clerk of courts is hereby directed to serve upon all parties not in default notice of this judgment and its date of entry upon the journal.
See Civ.R. 58. JENNIFER L. HENSAL FOR THE COURT CARR, J. STEVENSON, J. CONCUR. APPEARANCES: RICHARD L. WATERHOUSE, Pro Se, Petitioner. SHERRI BEVAN WALSH, Prosecuting Attorney, and JACQUENETTE S. CORGAN, Assistant Prosecuting Attorney, for Respondent.