State ex rel. Jerninghan v. Court of Common Pleas, 658 N.E.2d 723 (Ohio 1996). · Go Syfert
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State ex rel. Jerninghan v. Court of Common Pleas, 658 N.E.2d 723 (Ohio 1996). Cases Citing This Book View Copy Cite
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cited 2× by 1 distinct case · …a writ of mandamus will not issue to compel an act already performed ✓
cited 2× by 1 distinct case · …a writ of mandamus will not issue to compel an act already performed. state ex rel. gantt v. coleman (1983), 6 ohio st.3d 5 , 6 obr 4, 450 n.e.2d 1163 . ✓
cited 2× by 1 distinct case · …a writ of mandamus will not lie to compel an act already performed ✓
360 citation events (313 in the last 25 years) across 2 distinct courts.
Strongest positive: State ex rel. Norwood v. Boros (ohioctapp, 2026-03-23)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) State ex rel. Norwood v. Boros
Ohio Ct. App. · 2026 · quote attribution · 1 verbatim quote · confidence high
even assuming that a writ of mandamus could provide relief beyond that afforded by a writ of procedendo, a 'writ of mandamus will not issue to compel an act already performed.
examined Cited as authority (quoted) State ex rel. Carlton v. Heekin (Slip Opinion) (2×)
Ohio · 2021 · quote attribution · 2 verbatim quotes · confidence low
a writ of mandamus will not issue to compel an act already performed
examined Cited as authority (quoted) State ex rel. Cox v. Youngstown Civ. Serv. Comm. (Slip Opinion) (2×)
Ohio · 2021 · quote attribution · 2 verbatim quotes · confidence low
a writ of mandamus will not lie to compel an act already performed
examined Cited as authority (quoted) State ex rel. Battigaglia v. Kubilus (2×)
Ohio Ct. App. · 2020 · quote attribution · 2 verbatim quotes · confidence low
a writ of mandamus will not issue to compel an act already performed. state ex rel. gantt v. coleman (1983), 6 ohio st.3d 5 , 6 obr 4, 450 n.e.2d 1163 .
cited Cited as authority (rule) Turner v. Lucci
Ohio Ct. App. · 2015 · confidence medium
Court of Common Pleas, 74 Ohio St.3d 278, 279 (1996).
discussed Cited as authority (rule) Turner v. Kelly
Ohio Ct. App. · 2015 · confidence medium
Court of Common Pleas, 74 Ohio St. 3d 278, 279 (1996). {¶11} Further, because no writ of habeas corpus was allowed and Ms. Kelly has not refused to issue a writ of habeas corpus, relator is not entitled to the monetary award he seeks against her pursuant to R.C. 2725.21 and R.C. 2725.22. {¶12} Accordingly, we dismiss relator’s petition for a writ of mandamus.
Retrieving the full opinion text from the archive…
The State ex rel. Jerninghan
v.
Court of Common Pleas of Cuyahoga County
No. 95-1769.
Ohio Supreme Court.
Jan 10, 1996.
658 N.E.2d 723
Tommie Jeminghan, Jr., pro se.
Cook, Douglas, Moyer, Pfeifer, Resnick, Sweeney, Wright.
Cited by 199 opinions  |  Published
3 passages pin-cited by 3 cases
Pinpoint authority: #22,688 of 633,719
Citer courts: Ohio Supreme Court (4) · Ohio Court of Appeals (2)
Per Curiam.

We affirm the judgment of the court of appeals. A writ of mandamus will not issue to compel an act already performed. State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5, 6 OBR 4, 450 N.E.2d 1163.

Judgment affirmed.

Moyer, C.J., Douglas, Wright, Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., concur.