State ex rel. Foster v. DeWeese

Per Curiam. Joseph Foster, pro se. James J. Mayer Jr., Richland County Prosecuting Attorney, and Jill M. Cochran, Assistant Prosecuting Attorney, for appellees.

{¶ 1} We affirm the judgment of the court of appeals dismissing the complaint of appellant, Joseph Foster, for writs of mandamus and procedendo to compel appellees, Richland County Court of Common Pleas and Judge James DeWeese, to issue a final, appealable order in his criminal case. Neither mandamus nor procedendo will compel the performance of a duty that has already been performed. See State ex rel. Rose v. McGinty, 123 Ohio St.3d…