State ex rel. Warren v. Friedland

2013 Ohio 2102

• Court: Ohio Court of Appeals
• Decided: May 22, 2013
• Docket: 99541
• Status: Published

Opinion

[Cite as State ex rel. Warren v. Friedland, 2013-Ohio-2102.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 99541

STATE OF OHIO, EX REL., JEROME WARREN RELATOR

vs.

CAROLYN B. FRIEDLAND, C.P. JUDGE RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Mandamus Motion No. 463037 Order No. 463915

RELEASE DATE: May 22, 2013 FOR RELATOR

Jerome Warren, pro se Inmate No. 631-319 Richland Correctional Institution P.O. Box 8107 Mansfield, Ohio 44901

ATTORNEYS FOR RESPONDENT

Timothy J. McGinty Cuyahoga County Prosecutor

By: James E. Moss Assistant County Prosecutor Justice Center - 9th Floor 1200 Ontario Street Cleveland, Ohio 44113 KENNETH A. ROCCO, J.:

{¶1} On February 15, 2013, the relator, Jerome Warren, commenced this

mandamus action against the respondent, Judge Carolyn B. Friedland, to compel her to

rule on Warren’s motions for 85 days of jail-time credit, filed on

December 6, 2012, in the underlying cases, State v. Warren, Cuyahoga C.P. Nos.

CR-560296 and CR-560298. On March 5, 2013, the respondent moved for summary

judgment on the grounds of mootness. Attached to the dispositive motion were certified

copies of March 4, 2013 journal entries granting 84 days of jail-time credit in the

underlying cases. This establishes that Warren has received his requested relief. State

ex rel. Corder v. Wilson, 68 Ohio App.3d 567, 589 N.E.2d 113 (10th Dist.1991). It also

appears that Warren has fully served his sentence because of the jail-time credit. A

review of the Ohio Department of Rehabilitation and Correction’s website showed that the

Department had adjusted Warren’s release date to March 13, 2013, after the respondent

had granted the additional credit and released him to the supervision of the Adult Parole

Authority. This action is moot.

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

and denies the application for a writ of mandamus. Each side to bear their own costs.

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).

{¶3} Writ denied. __________________________________________ KENNETH A. ROCCO, JUDGE

FRANK D. CELEBREZZE, JR., P.J., and SEAN C. GALLAGHER, J., CONCUR