State ex rel. Compton v. Sutula

[Cite as State ex rel. Compton v. Sutula, 2012-Ohio-1209.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 97808
STATE OF OHIO, EX REL.,
JOHN COMPTON
RELATOR
vs.
JUDGE JOHN D. SUTULA
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion Nos. 451937 and 452367
Order No. 452794
RELEASED DATE: March 21, 2012
FOR RELATOR
John Compton
35864 Chestnut Ridge
N. Ridgeville, OH 44039
ATTORNEYS FOR RESPONDENT
William D. Mason
Cuyahoga County Prosecutor
By: James E. Moss
The Justice Center
1200 Ontario Street, 9th Fl.
Cleveland, OH 44113
PATRICIA ANN BLACKMON, A.J.:
{¶1} John Compton has filed a complaint for a writ of mandamus. Compton
seeks an order from this court, which requires Judge John Sutula to render a ruling
with regard to the following motions as filed in the underlying action of State v.
Compton, Cuyahoga Cty. Court of Common Pleas Case No. CR-451212: (1)
motion for order to comply with plea bargain, filed on August 4, 2011; (2) motion
requesting the trial court to revisit a previously filed motion to dismiss under R.C.
2945.71, filed on August 16, 2010; and (3) a motion for findings of fact and
conclusions of law with regard to jurisdiction, filed on October 4, 2011. Judge
Sutula has filed a motion for summary judgment, which we grant for the following
reasons.
{¶2} Compton’s request for a writ of mandamus is moot. Attached to the
motion for summary judgment are copies of journal entries, as journalized on
January 31, 2012, and February 1, 2012, which demonstrate that rulings have been
rendered with regard to the motion for the court to revisit the previously filed motion
to dismiss, the motion for order to comply with plea bargain agreement, and the
motion for findings of fact and conclusions of law. There remains no motions
pending before Judge Sutula, as filed by Compton in CR-451212. State ex rel.
Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 658
N.E.2d 723 (1996); State ex rel. Gantt v. Coleman, 6 Ohio St.3d 5, 450 N.E.2d 1163(1983).
{¶3} Accordingly, we grant Judge Sutula’s motion for summary judgment.
Costs to Compton. It is further ordered that the Clerk of the Eighth District Court of
Appeals serve notice of this judgment upon all parties as required by Civ.R. 58(B).
Writ denied.
PATRICIA ANN BLACKMON, ADMINISTRATIVE JUDGE
LARRY A. JONES, SR., J., and
EILEEN A. GALLAGHER, J., CONCUR