State ex rel. Kennedy v. Saffold

2014 Ohio 3826

Opinion

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 101547

STATE OF OHIO, EX REL.

HAROLD KENNEDY, #452-396

RELATOR

vs.

CUYAHOGA COUNTY COMMON PLEAS COURT JUDGE SHIRLEY S. SAFFOLD

RESPONDENT

JUDGMENT:

WRIT DENIED

Writ of Mandamus

Motion No. 476748

Order No. 477037

RELEASE DATE: September 2, 2014

FOR RELATOR

Harold Kennedy, pro se #452-396 Lake Erie Correctional Institution P.O. Box 8000 Conneaut, OH 44030

ATTORNEYS FOR RESPONDENT

Timothy J. McGinty Cuyahoga County Prosecutor BY: James E. Moss Assistant Prosecuting Attorney The Justice Center 1200 Ontario Street Cleveland, OH 44113

SEAN C. GALLAGHER, P.J.:

{¶1} Harold Kennedy has filed a complaint for a writ of mandamus. Kennedy seeks an order to compel Judge Shirley Strickland Saffold to render a ruling with regard to motion for a new sentencing hearing filed in State v. Kennedy, Cuyahoga C.P. No. CR-437427.

{¶2} Attached to Judge Saffold’s motion for summary judgment is a copy of a judgment, journalized on July 14, 2014, which demonstrates that a ruling has been rendered with regard to Kennedy’s motion for a new sentencing hearing. Thus, the complaint for a writ of mandamus is moot. 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 Saffold’s motion for summary judgment. Costs to Judge Saffold. Costs waived. 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).

{¶4} Writ denied.

SEAN C. GALLAGHER, PRESIDING JUDGE

TIM McCORMACK, J., and EILEEN T. GALLAGHER, J., CONCUR