State ex rel. Jackson v. Calabrese

2014 Ohio 3827

• Court: Ohio Court of Appeals
• Decided: September 3, 2014
• Docket: 101556
• Status: Published

Opinion

[Cite as State ex rel. Jackson v. Calabrese, 2014-Ohio-3827.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 101556

STATE OF OHIO, EX REL., LAWRENCE B. JACKSON RELATOR

vs.

JUDGE DEENA R. CALABRESE RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Mandamus Motion No. 476793 Order No. 477321

RELEASE DATE: September 3, 2014 RELATOR

Lawrence B. Jackson, pro se Inmate No. 621-066 Lake Erie Correctional Institution 501 Thompson Road Conneaut, Ohio 44030

ATTORNEYS FOR RESPONDENT

Timothy J. McGinty Cuyahoga County Prosecutor James E. Moss Assistant County Prosecutor The Justice Center - 9th Floor 1200 Ontario Street Cleveland, Ohio 44113 MARY EILEEN KILBANE, J.:

{¶1} Lawrence B. Jackson has filed a complaint for a writ of mandamus.

Jackson seeks an order from this court that requires Judge Deena R. Calabrese to issue a

journal entry with regard to the denial of a motion to suppress filed in State v. Jackson,

Cuyahoga C.P. No. CR-554303. Judge Calabrese has filed a motion for summary

judgment, which we grant for the following reasons.

{¶2} Initially, we find that Jackson has failed to provide a statement that sets

forth the balance in his inmate account for the preceding six months as certified by the

institutional cashier. See R.C. 2969.25(C). Jackson’s failure to comply with the

mandatory requirement of R.C. 2969.25(C) renders his complaint defective and thus

subject to dismissal. State ex rel. Gooden v. Kagel, 138 Ohio St.3d 343, 2014-Ohio-869,

6 N.E.2d 1170.

{¶3} In addition, Jackson’s request for a writ of mandamus is moot. Attached to

the motion for summary judgment is a copy of a judgment entry, journalized on

September 9, 2011, which demonstrates that Jackson’s motion to suppress was denied.

{¶4} Finally, the transcript of proceedings, attached to Jackson’s complaint as

Appendix A, demonstrates that Judge Calabrese stated her factual findings on the record,

thus complying with any need for rendering findings of fact and conclusions of law.

This court has previously held that a defendant is not prejudiced by a trial court’s

failure to comply with a defendant’s request for findings of fact on the court’s suppression ruling where the record provides an appellate court with a sufficient basis to

review a defendant’s assignments of error. See State v. King, 136 Ohio App.3d 377, 381,

736 N.E.2d 921 (8th Dist.1999); State v. Almalik, 41 Ohio App.3d 101, 534 N.E.2d 898

(8th Dist. 1987); State v. Fannin, 8th Dist. Cuyahoga No. 79991, 2002-Ohio-6312; Parma

v. Reschke, 8th Dist. Cuyahoga No. 58015, 1991 Ohio App. LEXIS 644 (Feb. 14, 1991);

Geraci v. Maddalena, 8th Dist. Cuyahoga No. 47964 (Oct. 25, 1984).

{¶5} Accordingly, we grant Judge Calabrese’s motion for summary judgment.

Costs to Jackson. The court directs the clerk of courts to serve all parties with notice of

this judgment and its date of entry upon the journal as required by Civ.R. 58(B).

{¶6} Writ denied.

MARY EILEEN KILBANE, JUDGE

EILEEN A. GALLAGHER, J., and KATHLEEN ANN KEOUGH, P.J., CONCUR