State ex rel. Jackson v. Sutula

2011 Ohio 6086

• Court: Ohio Court of Appeals
• Decided: November 18, 2011
• Docket: 97157
• Status: Published

Opinion

[Cite as State ex rel. Jackson v. Sutula, 2011-Ohio-6086.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 97157

STATE OF OHIO, EX REL. ELVESTER JACKSON RELATOR

vs.

JUDGE KATHLEEN A. SUTULA, ET AL. RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Mandamus Motion Nos. 447574 and 449188 Order No. 448680

RELEASED DATE: November 18, 2011 FOR RELATOR

Elvester Jackson #A563-602 Mansfield Correctional Institution P. O. Box 788 Mansfield, OH 44901

ATTORNEYS FOR RESPONDENT

William D. Mason Cuyahoga County Prosecutor

By: James E. Moss Assistant County Prosecutor 9th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113

KENNETH A. ROCCO, J.:

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

seeks an order from this court that requires Judge Kathleen A. Sutula and the warden of

the Mansfield Correctional Institution, Terry Tibbals, to convey him to the Cuyahoga

County Court of Common Pleas pursuant to R.C. 2953.13 and the appellate judgment as

rendered by this court in State v. Jackson, Cuyahoga App. No. 93079, 2010-Ohio-3500.

Judge Sutula and Warden Tibbals have filed motions for summary judgment, which are

granted.

{¶ 2} In order for this court to issue a writ of mandamus, Jackson must

demonstrate that: (1) he possesses a clear legal right to be conveyed from the Mansfield Correctional Institution to the Cuyahoga County Court of Common Pleas; (2) Judge

Sutula and Warden Tibbals possess a duty to have Jackson conveyed from the Mansfield

Correctional Institution to the Cuyahoga County Court of Common Pleas; and (3) there

exists no other adequate remedy in the ordinary course of the law. State ex rel. Ney v.

Niehaus (1987), 33 Ohio St.3d 118, 515 N.E.2d 914; State ex rel. Harris v. Rhodes

(1978), 54 Ohio St.2d 41, 374 N.E.2d 641. Herein, Jackson argues that he possesses a

right to be transported to the Cuyahoga County Court of Common Pleas pursuant to R.C.

2953.13, which provides that when a defendant has been committed to a state correctional

institution and the judgment of commitment is reversed on appeal or a new trial is

ordered, the defendant shall be either discharged or conveyed to the jail of the county in

which he or she was convicted.

{¶ 3} The opinion, as rendered by this court in State v. Jackson, supra, however,

did not reverse Jackson’s conviction nor did the opinion order a new trial. In fact,

Jackson’s drug trafficking convictions and resulting prison sentence were affirmed on

appeal. Id. Jackson possesses no right per R.C. 2953.13 to be conveyed from the

Mansfield Correctional Institution to the Cuyahoga County Court of Common Pleas nor

does Judge Sutula or Warden Tibbals possess any duty to convey Jackson from the

Mansfield Correctional Institution to the Cuyahoga County Court of Common Pleas.

State ex rel. Briscoe v. Matia, 128 Ohio St.3d 365, 2011-Ohio-760, 944 N.E.2d 667.

{¶ 4} Accordingly, we grant summary judgment on behalf of Judge Sutula and

Warden Tibbals. Costs to Jackson. 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.

KENNETH A. ROCCO, JUDGE

MELODY J. STEWART, P.J., and MARY J. BOYLE, J., CONCUR