Opinion
No. 101988
01-07-2015
JOSEPH J. BRONCZYK RELATOR v. HONORABLE DANIEL GAUL RESPONDENT
FOR RELATOR Joseph J. Bronczyk #594-815 Richland Correctional Institution P.O. Box 8107 Mansfield, OH 44901 ATTORNEYS FOR RESPONDENT Timothy J. McGinty Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor 9th Floor Justice Center 1200 Ontario Street Cleveland, OH 44113
JOURNAL ENTRY AND OPINION JUDGMENT: WRIT DENIED Writ of Mandamus
Order No. 481483
Motion No. 480466
FOR RELATOR
Joseph J. Bronczyk
#594-815
Richland Correctional Institution
P.O. Box 8107
Mansfield, OH 44901
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
9th Floor Justice Center
1200 Ontario Street
Cleveland, OH 44113
TIM McCORMACK, J.:
{¶1} On September 30, 2014, the relator, Joseph Bronczyk, commenced this mandamus action against the respondent, Judge Daniel Gaul, to compel the judge to issue an entry stating reasons for the denial of Bronczyk's motion for DNA testing in the underlying case, State v. Bronczyk, Cuyahoga C.P. No. CR-10-540345-A. On November 24, 2014, the respondent judge moved for summary judgment on the grounds of mootness. Attached to this motion was a certified copy of a November 21, 2014 journal entry stating that the judge denied the motion for DNA testing because, pursuant to R.C. 2953.73, DNA testing of the screwdriver would not be determinative and because Bronczyk did not request DNA testing at the time of trial, as required by the statute. Bronczyk never replied to the dispositive motion. The attached journal entry establishes that the respondent judge fulfilled the statutory duty to state reasons for denying DNA testing and renders this mandamus action moot.
{¶2} Accordingly, this court grants the respondent's motion for summary judgment and denies the application for a writ of mandamus. Respondent to pay costs; costs waived. This court directs the clerk of courts to serve all parties notice of this judgment and its date of entry upon the journal as required by Civ.R. 58(B).
{¶3} Writ denied. /s/_________
TIM McCORMACK, JUDGE
LARRY A. JONES, SR., P.J., and
PATRICIA ANN BLACKMON, J., CONCUR