From Casetext: Smarter Legal Research

State ex Rel. Brookins v. Common Pleas

Court of Appeals of Ohio, Eighth District, Cuyahoga County
May 13, 1999
No. 76135 Motion No. 6027 (Ohio Ct. App. May. 13, 1999)

Opinion

No. 76135 Motion No. 6027

Date of Announcement of Decision: May 13, 1999

JUDGMENT: WRIT DENIED.

APPEARANCES:

For relator:

OTIS L. BROOKINS, pro se, #343-111.

For respondent:

WILLIAM D. MASON, Cuyahoga County Prosecutor; LISA REITZ WILLIAMSON, Assistant.


Relator, Otis L. Brookins, has filed a complaint for a writ of procedendo and seeks an order from this court requiring the respondent, the Cuyahoga County Court of Common Pleas, to correct the amount of jail time credit as granted in the underlying cases of State v. Brookins, Cuyahoga County Court of Common Pleas Case Nos. CR-332598 and CR-354330. The respondent has filed a motion for summary judgment.

This court will not issue an extraordinary writ in order to correct any error associated with the calculation of jail time credit. Any error associated with the calculation of jail time credit must be addressed through a direct appeal. State ex rel. Britton v. Judge Foley-Jones(Mar. 5, 1998), Cuyahoga App. No. 73646, unreported; State ex rel. Spates v. Judge Sweeney(Apr. 17, 1997), Cuyahoga App. No. 71986, unreported. In addition, the relator has failed to support his complaint with an affidavit "specifying the details of the claim" as required by Loc.App.R. 45(B)(1)(a). State ex rel. Wilson v. Calabrese(Jan. 18, 1996), Cuyahoga App. No. 70077, unreported; State ex rel. Smith v. McMonagle(July 17, 1996), Cuyahoga App. No. 70899, unreported.

Accordingly, we grant the respondent's motion for summary judgment, Costs to relator.

Writ denied.

ANN DYKE, J., CONCURS

___________________________________ JAMES M. PORTER ADMINISTRATIVE JUDGE


Summaries of

State ex Rel. Brookins v. Common Pleas

Court of Appeals of Ohio, Eighth District, Cuyahoga County
May 13, 1999
No. 76135 Motion No. 6027 (Ohio Ct. App. May. 13, 1999)
Case details for

State ex Rel. Brookins v. Common Pleas

Case Details

Full title:STATE OF OHIO ex rel. OTIS L. BROOKINS, Relator v. COURT OF COMMON PLEAS…

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

Date published: May 13, 1999

Citations

No. 76135 Motion No. 6027 (Ohio Ct. App. May. 13, 1999)

Citing Cases

State ex rel. Taylor v. Calabrese

addressed through a direct appeal. State ex rel. Sullivan v. Cuyahoga Cty. Court of Common Pleas, 8th Dist.…

State ex rel. Sullivan v. Cuyahoga Cnty. Court of Common Pleas

Any error associated with the calculation of jail-time credit must be addressed through a direct appeal.…