[Cite as State ex rel. Jackson v. Sutula, 2011-Ohio-6086.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 97157
STATE OF OHIO, EX REL.
ELVESTER JACKSON
RELATOR
vs.
JUDGE KATHLEEN A. SUTULA, ET AL.
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion Nos. 447574 and 449188
Order No. 448680
RELEASED DATE: November 18, 2011
FOR RELATOR
Elvester Jackson #A563-602
Mansfield Correctional Institution
P. O. Box 788
Mansfield, OH 44901
ATTORNEYS FOR RESPONDENT
William D. Mason
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
9th Floor Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
KENNETH A. ROCCO, J.:
{¶ 1} Elvester Jackson has filed a complaint for a writ of mandamus. Jackson
seeks an order from this court that requires Judge Kathleen A. Sutula and the warden of
the Mansfield Correctional Institution, Terry Tibbals, to convey him to the Cuyahoga
County Court of Common Pleas pursuant to R.C. 2953.13 and the appellate judgment as
rendered by this court in State v. Jackson, Cuyahoga App. No. 93079, 2010-Ohio-3500.
Judge Sutula and Warden Tibbals have filed motions for summary judgment, which are
granted.
{¶ 2} In order for this court to issue a writ of mandamus, Jackson must
demonstrate that: (1) he possesses a clear legal right to be conveyed from the Mansfield
Correctional Institution to the Cuyahoga County Court of Common Pleas; (2) Judge
Sutula and Warden Tibbals possess a duty to have Jackson conveyed from the Mansfield
Correctional Institution to the Cuyahoga County Court of Common Pleas; and (3) there
exists no other adequate remedy in the ordinary course of the law. State ex rel. Ney v.
Niehaus (1987), 33 Ohio St.3d 118, 515 N.E.2d 914; State ex rel. Harris v. Rhodes
(1978), 54 Ohio St.2d 41, 374 N.E.2d 641. Herein, Jackson argues that he possesses a
right to be transported to the Cuyahoga County Court of Common Pleas pursuant to R.C.
2953.13, which provides that when a defendant has been committed to a state correctional
institution and the judgment of commitment is reversed on appeal or a new trial is
ordered, the defendant shall be either discharged or conveyed to the jail of the county in
which he or she was convicted.
{¶ 3} The opinion, as rendered by this court in State v. Jackson, supra, however,
did not reverse Jackson’s conviction nor did the opinion order a new trial. In fact,
Jackson’s drug trafficking convictions and resulting prison sentence were affirmed on
appeal. Id. Jackson possesses no right per R.C. 2953.13 to be conveyed from the
Mansfield Correctional Institution to the Cuyahoga County Court of Common Pleas nor
does Judge Sutula or Warden Tibbals possess any duty to convey Jackson from the
Mansfield Correctional Institution to the Cuyahoga County Court of Common Pleas.
State ex rel. Briscoe v. Matia, 128 Ohio St.3d 365, 2011-Ohio-760, 944 N.E.2d 667.
{¶ 4} Accordingly, we grant summary judgment on behalf of Judge Sutula and
Warden Tibbals. Costs to Jackson. It is further ordered that the Clerk of the Eighth
District Court of Appeals serve notice of this judgment upon all parties as required by
Civ.R. 58(B).
Writ denied.
KENNETH A. ROCCO, JUDGE
MELODY J. STEWART, P.J., and
MARY J. BOYLE, J., CONCUR