State ex rel. Sullivan v. Cuyahoga Cty. Court of Common Pleas

2023 Ohio 318

• Court: Ohio Court of Appeals
• Decided: January 27, 2023
• Docket: 112284
• Status: Published

Opinion

[Cite as State ex rel. Sullivan v. Cuyahoga Cty. Court of Common Pleas, 2023-Ohio-318.]

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

STATE OF OHIO IN THE RELATION : OF DONALD SULLIVAN, : Relator, No. 112284 : v. : CUYAHOGA COUNTY COURT OF COMMON PLEAS, :

Respondent. :

JOURNAL ENTRY AND OPINION

JUDGMENT: WRIT DENIED DATED: January 27, 2023

Writs of Procedendo Motion No. 561159 Order No. 561410

Appearances:

Donald Sullivan, pro se.

Michael C. O’Malley, Cuyahoga County Prosecuting Attorney, and James E. Moss, Assistant Prosecuting Attorney, for respondent.

MICHELLE J. SHEEHAN, J.:

Donald Sullivan, the relator, has filed a complaint for a writ of

procedendo. Sullivan seeks an order from this court that compels the Cuyahoga County Court of Common Pleas, the respondent, to grant jail-time credit in State v.

Sullivan, Cuyahoga C.P. Nos. CR-19-636338-A (original indictment dismissed) and

CR-19-639981-A (reindictment). The Cuyahoga County Court of Common Pleas has

filed a motion for summary judgment. Because the trial court has issued an order

granting the requested jail-time credit, the respondent’s motion for summary

judgment is granted.

Attached to the motion for summary judgment is a copy of a judgment

entry, journalized January 11, 2023, that demonstrates Sullivan has been granted

jail-time credit in the amount of 100 days in CR-19-636338-A and 430 days in

CR-19-639981-A, for a total of 530 days of jail-time credit. Relief is unwarranted

because the request for a writ of procedendo is moot. Procedendo will not compel

the performance of a duty that has already been performed. State ex rel. Ames v.

Pokorny, 164 Ohio St.3d 538, 2021-Ohio-2070, 173 N.E.3d 1208; Thompson v.

Donnelly, 155 Ohio St.3d 184, 2018-Ohio-4073, 119 N.E.3d 1292; State ex rel. S.Y.C.

v. Floyd, 8th Dist. Cuyahoga No. 109602, 2020-Ohio-5189.

In addition, this court will not issue an extraordinary writ in order to

correct any error associated with the calculation of jail-time credit. Any error

associated with the calculation of jail-time credit must be addressed through a direct

appeal. State ex rel. Brookins v. Court of Common Pleas Cuyahoga Cty., 8th Dist.

Cuyahoga No. 76135, 1999 Ohio App. LEXIS 2170 (May 13, 1999); State ex rel.

Britton v. Judge Foley-Jones, 8th Dist. Cuyahoga No. 73646, 1998 Ohio App. LEXIS 856 (Mar. 5, 1998); State ex rel. Spates v. Judge Sweeney, 8th Dist. Cuyahoga

No. 71986,1997 Ohio App. LEXIS 1516 (Apr. 17, 1997).

Accordingly, we grant the Cuyahoga County Court of Common Pleas’

motion for summary judgment. Costs waived. The court directs the clerk of courts

to serve all parties with notice of this judgment and the date of entry upon the

journal as required by Civ.R. 58(B).

Writ denied.

___________________________ MICHELLE J. SHEEHAN, JUDGE

EILEEN A. GALLAGHER, P.J., and SEAN C. GALLAGHER, J., CONCUR