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State, Ex rel. Arnold v. Gallagher

Court of Appeals of Ohio, Eighth District, Cuyahoga

May 26, 2017

STATE OF OHIO, EX REL. MARTICE ARNOLD, RELATOR
v.
JUDGE HOLLIE GALLAGHER, ET AL., RESPONDENTS

         Writ of Mandamus/Procedendo Motion No. 505038 Order No. 506747.

          FOR RELATOR Martice Arnold, pro se Inmate No. 304-446

          ATTORNEYS FOR RESPONDENTS Michael C. O'Malley Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor

          JOURNAL ENTRY AND OPINION

          SEAN C. GALLAGHER, JUDGE

         {¶1} Martice Arnold, a.k.a. Lamont Arnold, has filed a complaint for a writ of mandamus/procedendo. Arnold seeks a writ of mandamus in order to compel Judge Hollie Gallagher to conduct a de novo guilty plea hearing and a de novo sentencing hearing in State v. Arnold, Cuyahoga C.P. No. CR-94-315763. Arnold also seeks a writ of procedendo in order to compel the Cuyahoga County Clerk of Courts, Nailah Byrd, to immediately journalize any judgments rendered by Judge Gallagher that result from a de novo guilty plea hearing and a de novo resentencing hearing. Judge Gallagher and Byrd have filed a joint motion for summary judgment, which we grant for the following reasons.

         FACTS

         {¶2} On October 27, 1994, Arnold was indicted by the Cuyahoga County Grand Jury for:

1) Count 1- one count of aggravated murder (R.C. 2903.01(A)) with three mass-murder specifications (R.C. 2929.04(A)), one felony murder specification (R.C. 2929.04(A)), and a three-year firearm specification (R.C. 2941.141);
2) Count 2 - one count of aggravated murder (R.C. 2903.01(B)) with three mass-murder specifications (R.C. 2929.04(A)), one felony-murder specification (R.C. 2929.04(A)), and a three-year firearm specification (R.C. 2941.141);
3) Count 3 - one count of attempted murder (R.C. 2923.02/R.C. 2903.02) with a three-year firearm specification (R.C. 2941.141);
4) Count 4 - one count of attempted murder (R.C. 2923.02/R.C. 2903.02) with a three-year firearm specification (R.C. 2941.141);
5) Count 5 - one count of attempted murder (R.C. 2923.02/R.C. 2903.02) with a three-year firearm specification (R.C. 2941.141);
6) Count 6 - one count of aggravated robbery (R.C. 2911.01) with a three-year firearm ...

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