State ex rel. Warren v. Friedland
State ex rel. Warren v. Friedland
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
Reference
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