Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State of Ohio, Ex Rel. v. Judge Nancy Mcdonnell

November 8, 2011

STATE OF OHIO, EX REL.
VICTOR BOBO RELATOR
v.
JUDGE NANCY MCDONNELL, ET AL. RESPONDENTS



The opinion of the court was delivered by: Frank D. Celebrezze, Jr., J.:

Cite as State ex rel. Bobo v. McDonnell,

JOURNAL ENTRY AND OPINION

JUDGMENT:

WRIT DENIED

Writ of Mandamus Motion No. 448813 Order No. 448900

{¶1} Victor Bobo has filed a complaint for a writ of mandamus. Bobo seeks an order from this court, which requires Judge Nancy McDonnell to render a ruling with regard to a motion for jail-time credit as filed in the criminal case of State v. Bobo, Cuyahoga County Court of Common Pleas Case No. CR-544152. Bobo also seeks an order that requires the Cuyahoga County Sheriff to provide him with additional jail-time credit in the amount of ten days.

{¶2} Attached to the joint motion for summary judgment, as filed by Judge McDonnell and the Cuyahoga County Sheriff, is a copy of a journal entry, as journalized on October 21, 2011, which demonstrates that Bobo has been granted an additional ten days of jail-time credit for a total of 212 days of jail-time credit. Bobo's request for mandamus is thus moot. 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. Gantt v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163. In addition, the Cuyahoga County Sheriff possesses no duty to calculate jail-time credit. State ex rel. Dunbar v. Saffold, Cuyahoga App. No. 89260, 2007-Ohio-1143; State ex rel. Griffin v. McFaul, Cuyahoga App. No. 84360, 2004-Ohio-3863.

{¶3} Accordingly, we grant the respondents' motion for summary judgment. Costs awarded to Bobo with costs waived. 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.

FRANK D. CELEBREZZE, JR., JUDGE

MELODY J. STEWART, P.J., and EILEEN A. GALLAGHER, J., CONCUR

20111108

© 1992-2011 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.