State ex rel. Pettway v. Cuyahoga Cty. Court of Common Pleas
Cases that cite this one
2 later published cases cite this decision.
- State ex rel. Price v. Berger (Ohio Ct. App. 2023)
- State ex rel. Mays v. McCormick (Ohio Ct. App. 2017)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
[Cite as State ex rel. Pettway v. Cuyahoga Cty. Court of Common Pleas, 2012-Ohio-5423.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 98699 STATE OF OHIO EX REL., TIMOTHY PETTWAY
RELATOR vs.
CUYAHOGA COUNTY COURT OF
COMMON PLEAS, ET AL.
RESPONDENTS
JUDGMENT: WRIT DENIED
Writ of Procedendo Motion No. 457494 Order No. 460062
RELEASE DATE: November 20, 2012 FOR RELATOR Timothy Pettway, Pro Se Inmate No. 550-655 Toledo Correctional Institution P.O. Box 80033 2001 East Central Avenue Toledo, OH 43608 ATTORNEYS FOR RESPONDENTS Timothy J. McGinty Cuyahoga County Prosecutor BY: James E. Moss Assistant County Prosecutor The Justice Center, 9th Floor 1200 Ontario Street Cleveland, OH 44113 MELODY J. STEWART, P.J.:
{¶1} Timothy Pettway has filed a complaint for a writ of procedendo. Pettway seeks an order from this court, which requires Judge Deena Calabrese and the Cuyahoga County Court of Common Pleas to render a ruling with regard to a motion to “remand sentencing for the limited purpose of allowing defendant to move trial court for a waiver of payment of court costs” as filed in State v. Pettway, Cuyahoga C.P. No. CR-498474. Judge Calabrese and the Cuyahoga County Court of Common Pleas have filed a motion for summary judgment, which is granted.
{¶2} Pettway’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 June 30, 2012, which demonstrates that Pettway’s motion to “remand sentencing for the limited purpose of allowing defendant to move trial court for a waiver of payment of court costs” was denied. Thus, Pettway’s request for a writ of procedendo is moot. 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. Respondents to pay costs. Costs ordered waived. The court directs the clerk for the Eighth District Court of Appeals to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B).
{¶4} Writ denied.
MELODY J. STEWART, PRESIDING JUDGE FRANK D. CELEBREZZE, JR., J., and SEAN C. GALLAGHER, J., CONCUR
Case-law data current through September 30, 2026. Source: CourtListener bulk data.