State ex rel. Willis v. Russo

2012 Ohio 2215

• Court: Ohio Court of Appeals
• Decided: May 15, 2012
• Docket: 97818
• Status: Published

Opinion

[Cite as State ex rel. Willis v. Russo, 2012-Ohio-2215.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 97818

STATE EX REL. RONALD WILLIS RELATOR

vs.

JUDGE JOHN J. RUSSO RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Mandamus Motion No. 451532 Order No. 454870

RELEASE DATE: May 15, 2012 FOR RELATOR

Ronald Willis, Pro Se No. A-520-629 1150 N. Main Street Mansfield, Ohio 44901

ATTORNEYS FOR RESPONDENT

William D. Mason, Esq. Cuyahoga County Prosecutor By: James E. Moss, Esq. Assistant County Prosecutor 9th Floor, Justice Center 1200 Ontario Street Cleveland, Ohio 44113 KATHLEEN ANN KEOUGH, J.:

{¶1} Relator, Ronald Willis, requests that this court compel respondent judge to

rule on his motion for jail-time credit filed in State v. Willis, Cuyahoga C.P. Nos.

CR-493477, CR-494145, and CR-517491 on July 11, 2011.

{¶2} Respondent has filed a motion for summary judgment attached to which are

copies of journal entries issued by respondent and received for filing by the clerk on

January 13, 2012 in which respondent granted relator a total of 90 days jail-time credit.

Willis has opposed the motion and challenges the number of days jail-time credit.

{¶3} Respondent argues that this action in mandamus is moot. We agree.

Willis has or had an adequate remedy by way of appeal to challenge the number of days.

See, e.g., State ex rel. Menefee v. Burnside, 8th Dist. No. 95747, 2010-Ohio-6034.

{¶4} Accordingly, respondent’s motion for summary judgment is granted.

Relator to pay 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).

{¶5} Writ denied.

KATHLEEN ANN KEOUGH, JUDGE

PATRICIA ANN BLACKMON, A.J., and SEAN C. GALLAGHER, J., CONCUR