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State ex Rel. Melton v. Callahan

Court of Appeals of Ohio, Eighth District, Cuyahoga County
Feb 13, 2008
2008 Ohio 587 (Ohio Ct. App. 2008)

Opinion

No. 90862.

RELEASE DATE: February 13, 2008.

WRIT OF PROCEDENDO MOTION, NO. 405435, ORDER NO. 405709.

WRIT DENIED.

Robert Melton, pro se, for Relator.

William D. Mason, Cuyahoga County Prosecutor, By: Jon W. Oebker, Assistant County Prosecutor, Attorneys for Respondent.


JOURNAL ENTRY AND OPINION


{¶ 1} On January 2, 2008, the relator, Robert Melton, commenced this procedendo action against the respondent, Judge Kenneth Callahan. In the underlying case, State v. Melton, Cuyahoga County Common Pleas Court Case No. CR-501053, the Grand Jury on October 1, 2007, indicted Melton on one count of possession of cocaine. Since then he has made various pro se motions, including a motion for a court order to preserve a sample portion of the alleged controlled substance for independent testing, a motion for the transcript of the preliminary hearing, a motion to suppress evidence, a motion to disqualify counsel, and a motion for personal bond. Melton seeks to compel the judge to rule on all his motions at an oral hearing in his presence. Melton also complains that he was excluded from the preliminary hearing and several pre-trials.

The docket indicates that the respondent granted this motion on December 27, 2007.

{¶ 2} On January 28, 2008, the underlying case proceeded to trial. The docket contains the following entry dated January 31, 2008: "Defendant in court with public defender. Prosecuting attorney Jeffrey S. Schnatter present. Jury returns a verdict of not guilty of drug possession 2925.11 A as charged in the indictment. Defendant discharged in this case. Defendant ordered released." Accordingly, this procedendo action is moot, and this court denies the application for an extraordinary writ. Costs assessed against relator. 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).

ANTHONY O. CALABRESE, JR., P.J., and ANN DYKE, J., CONCUR


Summaries of

State ex Rel. Melton v. Callahan

Court of Appeals of Ohio, Eighth District, Cuyahoga County
Feb 13, 2008
2008 Ohio 587 (Ohio Ct. App. 2008)
Case details for

State ex Rel. Melton v. Callahan

Case Details

Full title:State of Ohio, Ex Rel., Robert Melton, Relator v. Judge Kenneth Callahan…

Court:Court of Appeals of Ohio, Eighth District, Cuyahoga County

Date published: Feb 13, 2008

Citations

2008 Ohio 587 (Ohio Ct. App. 2008)