State ex rel. Poulton v. Cottrill (Slip Opinion)

{¶ 1} We affirm the judgment of the Court of Appeals for the Fifth District dismissing a petition for a writ of procedendo filed by appellant, Adam C. Poulton. Poulton seeks a writ requiring appellee, Judge Kelly J. Cottrill, to rule on his motion to vacate or set aside the judgment of his conviction. However, as Judge Cottrill has ruled on his motion, Poulton’s petition for a writ of procedendo is moot, and the court of appeals correctly dismissed it.

{¶ 2} To be entitled to a writ of procedendo, Poulton must show a clear legal right to require the court to proceed, a clear legal duty on the…