State ex rel. Warren v. Friedland , 2013 Ohio 2102 ( 2013 )

[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