State Ex Rel. McKay v. Corrigan, Unpublished Decision (9-8-2006)
State Ex Rel. McKay v. Corrigan, Unpublished Decision (9-8-2006)
Opinion of the Court
{¶ 2} Initially, we find that McKay has failed to comply with R.C.
{¶ 3} In addition, McKay has failed to comply with Loc.App.R. 45(B)(1)(a) which requires that the complaint for a writ of mandamus must be supported by an affidavit that specifies the details of the claim. The failure of McKay to comply with the supporting affidavit requirement of Loc.App.R. 45(B)(1)(a) requires dismissal of the complaint for a writ of mandamus.State ex rel. Smith v. McMonagle (July 17, 1996), Cuyahoga App. No. 70899; State ex rel. Wilson v. Calabrese (Jan. 18, 1996), Cuyahoga App. No. 70077.
{¶ 4} Finally, McKay's claim that he has been denied the right to a speedy trial, is not cognizable in an extraordinary-writ proceeding. The denial of the right to a speedy trial can only be addressed through an appeal. SeeJackson v. Wilson,
{¶ 5} Accordingly, we grant Judge Corrigan's motion for summary judgment. Costs waived. It is further ordered that the Clerk of the Eighth District Court of Appeals serve notice of this judgment upon all parties as mandated by Civ.R. 58(B).
Writ denied.
Gallagher, P.J., Concurs Blackmon, J., Concurs.
Reference
- Full Case Name
- State of Ohio, Ex Rel., Eric McKay, Relator v. Judge Brian Corrigan
- Cited By
- 1 case
- Status
- Unpublished