State ex rel. Martin v. Synenberg

2011 Ohio 6482

• Court: Ohio Court of Appeals
• Decided: December 13, 2011
• Docket: 97182
• Status: Published

Opinion

[Cite as State ex rel. Martin v. Synenberg, 2011-Ohio-6482.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 97182

STATE OF OHIO, EX REL. TRAMAINE E. MARTIN RELATOR

vs.

HON. JUDGE JOAN C. SYNENBERG RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Procedendo Motion No. 447733 Order No. 450049

RELEASE DATE: December 13, 2011 2

FOR RELATOR

Tramaine E. Martin Inmate #584-538 Richland Correctional Institution P.O. Box 8107 Mansfield, Ohio 44901

ATTORNEYS FOR RESPONDENT

William D. Mason Cuyahoga County Prosecutor

By: James E. Moss Assistant County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113

COLLEEN CONWAY COONEY, J.:

{¶ 1} On August 19, 2011, the relator, Tramaine Martin, commenced this

procedendo action against the respondent, Judge Joan Synenberg, to compel the judge to

rule on a motion to vacate postrelease control sanctions which he filed on January 25,

2011, in the underlying case, State v. Martin, Cuyahoga County Common Pleas Court

Case No. CR-468883. On September 14, 2011, the respondent moved for summary

judgment on the grounds of mootness. Attached to the dispositive motion was a

certified copy of a September 13, 2011 journal entry which granted the subject motion in 3

part and denied it in part. The judge ruled that to the extent that the sentence did not

include the statutorily mandated terms of postrelease control, that part of the sentence is

void; the rest of Martin’s sentence remains valid. Martin did not oppose the

respondent’s motion. This establishes that Martin has received his requested relief, a

resolution of the subject motion. Thus, this action is moot.

{¶ 2} Accordingly, the court grants the respondent’s motion for summary

judgment and denies the application for a writ of procedendo. Costs assessed against the

respondent. The clerk is directed to serve upon the parties notice of this judgment and

its date of entry upon the journal. Civ.R. 58(B).

___________________________________________________ COLLEEN CONWAY COONEY, PRESIDING JUDGE

SEAN C. GALLAGHER, J., and KATHLEEN ANN KEOUGH, J., CONCUR