Opinion
No. 101754
11-05-2014
STATE OF OHIO EX REL. ERIC WELLS RELATOR v. HONORABLE BRIAN J. CORRIGAN RESPONDENT
FOR RELATOR Eric Wells Inmate No. 624-216 Trumbull Correctional Institution P.O. Box 901 Leavittsburg, Ohio 44430 ATTORNEYS FOR RESPONDENT Timothy J. McGinty Cuyahoga County Prosecutor BY: James E. Moss Assistant County Prosecutor 9th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113
JOURNAL ENTRY AND OPINION JUDGMENT:
WRIT DENIED
Writ of Mandamus/Procedendo Motion No. 478541 Order No. 479588
FOR RELATOR
Eric Wells
Inmate No. 624-216
Trumbull Correctional Institution
P.O. Box 901
Leavittsburg, Ohio 44430
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
BY: James E. Moss
Assistant County Prosecutor
9th Floor Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
MARY J. BOYLE, A.J.:
{¶1} Eric Wells has filed a complaint for a writ of mandamus/procedendo. Wells seeks an order from this court that requires Honorable Judge Brian J. Corrigan to render a ruling with regard to a petition for postconviction relief filed in State v. Wells, Cuyahoga C.P. No. CR-10-536779. We decline to issue a writ of mandamus/procedendo on behalf of Wells.
{¶2} Attached to a motion for summary judgment, filed by Judge Corrigan, is a copy of a judgment entry that demonstrates a ruling has been rendered with regard to Wells's petition for postconviction relief. Thus, Wells's complaint for a writ of mandamus/procedendo is moot. 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} It must also be noted that R.C. 2953.21 provides that a postconviction petition must be filed within 180 days of the filing of the trial transcript in the petitioner's direct appeal. Herein, the transcript in State v. Wells, 8th Dist. Cuyahoga No. 98388, 2013-Ohio-3722, was filed on July 2, 2012, and the petition for postconviction relief was filed on January 4, 2013. The petition for postconviction relief was filed 186 days after the transcript was filed in Wells, supra.
{¶4} Because Wells's petition for postconviction relief was untimely filed, Judge Corrigan possesses no duty to render findings of fact and conclusions of law with regard to the petition for postconviction relief. State ex rel. Kimbrough v. Greene, 98 Ohio St.3d 116, 2002-Ohio-7042, 781 N.E.2d 155; State v. Chapman, 8th Dist. Cuyahoga No. 99960, 2014-Ohio-1059. It must also be noted that a court may dismiss a petition for postconviction relief without holding a hearing if the petition fails to demonstrate that the petitioner is entitled to relief. R.C. 2953.21(C); State v. Piasecki, 8th Dist. Cuyahoga No. 98952, 2013-Ohio-1191.
{¶5} Accordingly, we grant Judge Corrigan's motion for summary judgment. Costs to Judge Corrigan. Costs waived. The court directs the clerk of courts to serve all parties with notice of this judgment and the date of entry upon the journal as required by Civ.R. 58(B).
{¶6} Writ denied. /s/________
MARY J. BOYLE, ADMINISTRATIVE JUDGE
MARY EILEEN KILBANE, J., and
EILEEN T. GALLAGHER, J., CONCUR