State ex rel. Williams v. Sutula

2012 Ohio 5704

Opinion

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 98827

STATE OF OHIO EX REL.

WILLIS F. WILLIAMS

RELATOR

vs.

HONORABLE JOHN D. SUTULA

RESPONDENT

JUDGMENT:

WRIT DENIED

Writ of Procedendo

Motion No. 459576

Order No. 460140

RELEASE DATE: November 30, 2012 FOR RELATOR

Willis F. Williams, pro se Inmate No. 155-394 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 9th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113

MARY J. BOYLE, J.:

{¶1} Willis F. Williams has filed a complaint for a writ of procedendo. Williams seeks an order from this court that requires Judge John D. Sutula to render rulings with regard to a “motion for leave to file delayed motion for new trial pursuant to Ohio Criminal Rule 33(B)” and a “motion for leave to file supplemental authority and to supplement the record instanter”

as filed in State v. Williams, Cuyahoga C.P. No. CR-048025. Judge Sutula has filed a motion for summary judgment, which is granted.

{¶2} Williams’s request for a writ of procedendo is moot. Attached to the motion for summary judgment is a copy of a judgment entry, as journalized on October 17, 2012, which demonstrates that Williams’s “motion for leave to file delayed motion for new trial pursuant to Ohio Criminal Rule 33(B)” and a “motion for leave to file supplemental authority and to supplement the record instanter” were denied. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 1996-Ohio-117, 658 N.E.2d 723; State ex rel. Snider v. Stapleton, 65 Ohio St.3d 40, 600 N.E.2d 240 (1992); State ex rel. Richard v. Wells, 64 Ohio St.3d 76, 591 N.E.2d 1240 (1992); State ex rel. Gantt v. Coleman, 6 Ohio St.3d 5, 450 N.E.2d 1163 (1983).

{¶3} Accordingly, we grant the motion for summary judgment. Judge Sutula to pay costs. Costs ordered waived. The court directs the clerk of the court to serve all parties with notice of this judgment and its date of entry upon the journal as required by Civ.R. 58(B).

{¶4} Writ denied.

____________________________________

MARY J. BOYLE, JUDGE

PATRICIA ANN BLACKMON, A.J., and COLLEEN CONWAY COONEY, J., CONCUR