State Ex Rel. O'Neal v. McCormick, Unpublished Decision (12-2-1999)

Ohio Court of Appeals

State Ex Rel. O'Neal v. McCormick, Unpublished Decision (12-2-1999)

DecidedDecember 2, 1999

DocketNo. 76943. Motion No. 11814.

StatusUnpublished

This text of State Ex Rel. O'Neal v. McCormick, Unpublished Decision (12-2-1999) (State Ex Rel. O'Neal v. McCormick, Unpublished Decision (12-2-1999)) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State Ex Rel. O'Neal v. McCormick, Unpublished Decision (12-2-1999), (Ohio Ct. App. 1999).

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JOURNAL ENTRY AND OPINION Relator, Arthur L. O'Neal, seeks a writ of mandamus in order to compel the respondent, Judge Timothy McCormick, to rule on pretrial motions that were filed in the underlying case of Statev. O'Neal, Cuyahoga County Court of Common Pleas Case No. CR-378531. The respondent has filed a motion for summary judgment, which we grant for the following reasons.

Attached to the respondent's motion for summary judgment is a copy of a journal entry, as journalized on July 22, 1999, which demonstrates that the relator entered a plea of guilty to the charged offenses of robbery, kidnapping, receiving stolen property, impersonating a police officer or private policeman, possessing criminal tools, and failure to comply with an order or signal of a police officer. The journal entry of July 22, 1999, further indicates that the relator was sentenced to incarceration within the Lorain Correctional Institution for a period of forty-two (42) months. Thus, the relator's request for a writ of mandamus, which requires the respondent to rule on all pending pretrial motions, is moot. Cf. State ex rel. Snider v. Stapleton (1992), 65 Ohio St.3d 40; State ex rel. Richard v. Wells (1992),64 Ohio St.3d 76.

Accordingly, we grant the respondent's motion for summary judgment.

Writ denied.

ANN DYKE, J. CONCURS

_______________________________ JAMES M. PORTER ADMINISTRATIVE JUDGE

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JOURNAL ENTRY AND OPINION Relator, Arthur L. O'Neal, seeks a writ of mandamus in order to compel the respondent, Judge Timothy McCormick, to rule on pretrial motions that were filed in the underlying case of Statev. O'Neal, Cuyahoga County Court of Common Pleas Case No. CR-378531. The respondent has filed a motion for summary judgment, which we grant for the following reasons.

Attached to the respondent's motion for summary judgment is a copy of a journal entry, as journalized on July 22, 1999, which demonstrates that the relator entered a plea of guilty to the charged offenses of robbery, kidnapping, receiving stolen property, impersonating a police officer or private policeman, possessing criminal tools, and failure to comply with an order or signal of a police officer. The journal entry of July 22, 1999, further indicates that the relator was sentenced to incarceration within the Lorain Correctional Institution for a period of forty-two (42) months. Thus, the relator's request for a writ of mandamus, which requires the respondent to rule on all pending pretrial motions, is moot. Cf. State ex rel. Snider v. Stapleton (1992), 65 Ohio St.3d 40; State ex rel. Richard v. Wells (1992),64 Ohio St.3d 76.

Accordingly, we grant the respondent's motion for summary judgment.

Writ denied.

ANN DYKE, J. CONCURS

_______________________________ JAMES M. PORTER ADMINISTRATIVE JUDGE

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State Ex Rel. O'Neal v. McCormick, Unpublished Decision (12-2-1999), Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-oneal-v-mccormick-unpublished-decision-12-2-1999-ohioctapp-1999.

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