[Cite as State ex rel. Williams v. Sutula, 2012-Ohio-5704.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 98827
STATE OF OHIO EX REL.
WILLIS F. WILLIAMS
RELATOR
vs.
HONORABLE JOHN D. SUTULA
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Procedendo
Motion No. 459576
Order No. 460140
RELEASE DATE: November 30, 2012
FOR RELATOR
Willis F. Williams, pro se
Inmate No. 155-394
Richland Correctional Institution
P.O. Box 8107
Mansfield, Ohio 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, Ohio 44113
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