State ex rel. Nia v. Friedman

2013 Ohio 706

Opinion

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 99244

STATE OF OHIO EX REL.,

AKANBI NIA

RELATOR

vs.

JUDGE STUART A. FRIEDMAN, ET AL.

RESPONDENTS

JUDGMENT:

WRIT DENIED

Writ of Mandamus

Motion Nos. 460882 and 461204 Order No. 461846

RELEASE DATE: February 22, 2013

FOR RELATOR

Akanbi Nia, Pro Se Inmate No. 493-580 Mansfield Correctional Institution P.O. Box 788 1150 North Main Street Mansfield, OH 44901

ATTORNEYS FOR RESPONDENT JUDGE STUART A. FRIEDMAN

Timothy J. McGinty Cuyahoga County Prosecutor

BY: James E. Moss Assistant County Prosecutor The Justice Center, 9th Floor 1200 Ontario Street Cleveland, OH 44113

ATTORNEYS FOR RESPONDENT WARDEN TERRY TIBBALS

Michael DeWine Ohio Attorney General

BY: David A. Lockshaw, Jr. Assistant Attorney General Criminal Justice Section 150 East Gay Street, 16th Floor Columbus, OH 43215

MELODY J. STEWART, A.J.:

{¶1} On December 3, 2012, the relator, Akanbi Nia, commenced this mandamus action against respondents, Judge Stuart Friedman and Warden Terry Tibbals, to compel them to remand Nia to the custody of the Cuyahoga County Sheriff. In the underlying case, State v. Nia, Cuyahoga C.P. No. CR-456529, in 2005, a jury convicted Nia of aggravated murder and attempted aggravated murder; the judge sentenced him to an aggregate term of 28 years to life. In State v. Nia, 8th Dist. No. 87335, 2007-Ohio-1283, this court affirmed the convictions, but vacated the sentences and remanded the case to the trial court for resentencing pursuant to State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, 845 N.E.2d 470. However, Nia was never resentenced; thus, he seeks this mandamus to return to the Cuyahoga County Sheriff’s Office for further proceedings.

{¶2} The respondents filed dispositive motions on the grounds of mootness. On December 11, 2012, the judge filed a motion for summary judgment, attached to which was a certified copy of a December 7, 2012 journal entry ordering Nia’s return to the Cuyahoga County Jail for resentencing. On December 24, 2012, the warden filed a motion to dismiss, attached to which was a copy of December 19, 2012 journal entry sentencing Nia to an aggregate term of 28 years to life for the crimes of aggravated murder and attempted aggravated murder. Nia never filed a response. The attached journal entries establish that this matter is moot.

{¶3} Accordingly, the court grants the respondents’ dispositive motions and denies the application for a writ of mandamus. Costs assessed against the respondents; costs waived. This court directs the clerk of court to serve all parties notice of this judgment and its date of entry upon the journal as required by Civ.R. 58(B).

MELODY J. STEWART, ADMINISTRATIVE JUDGE

LARRY A. JONES, SR., J., and KENNETH A. ROCCO, J., CONCUR