State ex rel. Compton v. Sutula

2012 Ohio 1209

Opinion

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 97808

STATE OF OHIO, EX REL.,

JOHN COMPTON

RELATOR

vs.

JUDGE JOHN D. SUTULA

RESPONDENT

JUDGMENT:

WRIT DENIED

Writ of Mandamus

Motion Nos. 451937 and 452367 Order No. 452794

RELEASED DATE: March 21, 2012

FOR RELATOR

John Compton 35864 Chestnut Ridge N. Ridgeville, OH 44039

ATTORNEYS FOR RESPONDENT

William D. Mason Cuyahoga County Prosecutor

By: James E. Moss The Justice Center 1200 Ontario Street, 9th Fl. Cleveland, OH 44113

PATRICIA ANN BLACKMON, A.J.:

{¶1} John Compton has filed a complaint for a writ of mandamus. Compton seeks an order from this court, which requires Judge John Sutula to render a ruling with regard to the following motions as filed in the underlying action of State v. Compton, Cuyahoga Cty. Court of Common Pleas Case No. CR-451212: (1) motion for order to comply with plea bargain, filed on August 4, 2011; (2) motion requesting the trial court to revisit a previously filed motion to dismiss under R.C. 2945.71, filed on August 16, 2010; and (3) a motion for findings of fact and conclusions of law with regard to jurisdiction, filed on October 4, 2011. Judge Sutula has filed a motion for summary judgment, which we grant for the following reasons.

{¶2} Compton’s request for a writ of mandamus is moot. Attached to the motion for summary judgment are copies of journal entries, as journalized on January 31, 2012, and February 1, 2012, which demonstrate that rulings have been rendered with regard to the motion for the court to revisit the previously filed motion to dismiss, the motion for order to comply with plea bargain agreement, and the motion for findings of fact and conclusions of law. There remains no motions pending before Judge Sutula, as filed by Compton in CR-451212. State ex rel.

Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 658 N.E.2d 723 (1996); State ex rel. Gantt v. Coleman, 6 Ohio St.3d 5, 450 N.E.2d 1163 (1983).

{¶3} Accordingly, we grant Judge Sutula’s motion for summary judgment.

Costs to Compton. It is further ordered that the Clerk of the Eighth District Court of Appeals serve notice of this judgment upon all parties as required by Civ.R. 58(B).

Writ denied.

PATRICIA ANN BLACKMON, ADMINISTRATIVE JUDGE

LARRY A. JONES, SR., J., and EILEEN A. GALLAGHER, J., CONCUR