From Casetext: Smarter Legal Research

State v. Corrigan

Court of Appeals of Ohio, Eighth District, Cuyahoga County
May 13, 1999
No. 75776. Motion No. 5970 (Ohio Ct. App. May. 13, 1999)

Opinion

No. 75776. Motion No. 5970

Date of Announcement of Decision: May 13, 1999

JUDGMENT: WRIT DENIED.

APPEARANCES:

For Relator:

DEMETRIUS MURPHY, Pro Se, No. 355-539.

For Respondent:

WILLIAM D. MASON, Cuyahoga County Prosecutor; SHERRY F. McCREARY, Assistant.


Relator requests that this court compel respondent judge to issue a ruling with respect to the motion for jail time credit filed by relator in State v. Murphy, Cuyahoga County Court of Common Pleas Case No. CR-345751 on July 10, 1998.

Respondent has filed a motion for summary judgment attached to which is a copy of the journal entry authorizing 75 days jail time credit and received for filing by the clerk on February 2, 1999. Relator has not opposed the motion. Respondent argues that this action in procedendo is, therefore, moot. We agree.

Furthermore, relator failed to comply with Loc.App.R. 45(B) (1)(a) which requires that complaints in original actions "be supported by an affidavit from the plaintiff or relator specifying the details of the claim."

Accordingly, respondent's motion for summary judgment is granted. Respondent to pay costs.

Writ denied. ANN DYKE, J., CONCURS.

___________________________________ JAMES M. PORTER, ADMINISTRATIVE JUDGE


Summaries of

State v. Corrigan

Court of Appeals of Ohio, Eighth District, Cuyahoga County
May 13, 1999
No. 75776. Motion No. 5970 (Ohio Ct. App. May. 13, 1999)
Case details for

State v. Corrigan

Case Details

Full title:STATE OF OHIO, EX REL. DEMETRIUS MURPHY, Relator v. JUDGE DANIEL CORRIGAN…

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

Date published: May 13, 1999

Citations

No. 75776. Motion No. 5970 (Ohio Ct. App. May. 13, 1999)