Legal Opinion
State v. Benson
Ohio Court of Appeals
Decided July 22, 1986No. 86AP-354 and -355PublishedCited by 18 opinions
1Opinion of the CourtMoyer, P.J.
This matter is before us on a motion to dismiss the appeal of the defendant, Michael C. Benson, as moot, because Benson has completed the sentence imposed upon him by the trial court.
The controlling Ohio case is State v. Wilson (1975), 41 Ohio St. 2d 236 [70 O.O.2d 431]. The syllabus states the law as follows:
“Where a defendant, convicted of a criminal offense, has voluntarily paid the fine or completed the sentence for that offense, an appeal is moot when no evidence is offered from which an inference can be drawn that the defendant will suffer some collateral disability or loss of civil…
2Cases cited8 opinions
- Sibron v. New YorkSupreme Court of the United States · 1968
- United States v. MorganSupreme Court of the United States · 1954
- Street v. New YorkSupreme Court of the United States · 1969
- Fiswick v. United StatesSupreme Court of the United States · 1946
- St. Pierre v. United StatesSupreme Court of the United States · 1943
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. SmithOhio Court of Appeals · 2019
- City of Middletown v. AllenOhio Court of Appeals · 1989
- State v. Sanders, 23504 (6-13-2007)Ohio Court of Appeals · 2007
- State v. ByrdOhio Court of Appeals · 2009
- State v. FarrisOhio Court of Appeals · 2016
13 more not listed; retrieve them via the Exa API.