Opinion
No. 98827
11-30-2012
STATE OF OHIO EX REL. WILLIS F. WILLIAMS RELATOR v. HONORABLE JOHN D. SUTULA RESPONDENT
FOR RELATOR Willis F. Williams, pro se ATTORNEYS FOR RESPONDENT Timothy J. McGinty Cuyahoga County Prosecutor BY: James E. Moss Assistant County Prosecutor
JOURNAL ENTRY AND OPINION
JUDGMENT:
WRIT DENIED
Writ of Procedendo
Motion No. 459576
Order No. 460140
FOR RELATOR
Willis F. Williams, pro se
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
BY: James E. Moss
Assistant County Prosecutor
MARY J. BOYLE, J.:
{¶1} Willis F. Williams has filed a complaint for a writ of procedendo. Williams seeks an order from this court that requires Judge John D. Sutula to render rulings with regard to a "motion for leave to file delayed motion for new trial pursuant to Ohio Criminal Rule 33(B)" and a "motion for leave to file supplemental authority and to supplement the record instanter" as filed in State v. Williams, Cuyahoga C.P. No. CR-048025. Judge Sutula has filed a motion for summary judgment, which is granted.
{¶2} Williams's request for a writ of procedendo is moot. Attached to the motion for summary judgment is a copy of a judgment entry, as journalized on October 17, 2012, which demonstrates that Williams's "motion for leave to file delayed motion for new trial pursuant to Ohio Criminal Rule 33(B)" and a "motion for leave to file supplemental authority and to supplement the record instanter" were denied. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio St.3d 278, 1996-Ohio-117, 658 N.E.2d 723; State ex rel. Snider v. Stapleton, 65 Ohio St.3d 40, 600 N.E.2d 240 (1992); State ex rel. Richard v. Wells, 64 Ohio St.3d 76, 591 N.E.2d 1240 (1992); State ex rel. Gantt v. Coleman, 6 Ohio St.3d 5, 450 N.E.2d 1163 (1983).
{¶3} Accordingly, we grant the motion for summary judgment. Judge Sutula to pay costs. Costs ordered waived. The court directs the clerk of the court to serve all parties with notice of this judgment and its date of entry upon the journal as required by Civ.R. 58(B).
{¶4} Writ denied. MARY J. BOYLE, JUDGE PATRICIA ANN BLACKMON, A.J., and
COLLEEN CONWAY COONEY, J., CONCUR