State ex rel. Williams v. Sutula
Annotate this Case
Download PDF
[Cite as State ex rel. Williams v. Sutula, 2004-Ohio-4343.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA No. 85003 STATE OF OHIO, EX REL. WILLIS WILLIAMS Relator vs. JUDGE JOHN D. SUTULA Respondent : : : : : : : : : : ORIGINAL ACTION JOURNAL ENTRY AND OPINION DATE OF JOURNALIZATION: CHARACTER OF PROCEEDINGS: AUGUST 17, 2004 JUDGMENT: Writ Denied. Order No. 362736 Motion No. 362659 APPEARANCES: For Relator: WILLIS WILLIAMS, pro se Inmate No. 155-394 Richland Correctional Inst. P.O. Box 8107 Mansfield, Ohio 44901 For Respondent: WILLIAM D. MASON Cuyahoga County Prosecutor BY: DIANE SMILANICK Assistant County Prosecutor Justice Center - 9th Floor 1200 Ontario Street Cleveland, Ohio 44113 2 Judge Colleen Conway Cooney. {¶1} On July 23, 2004, relator, Willis Williams, commenced this mandamus action against Judge John D. Sutula to compel the issuance of findings of fact and conclusions of law pertaining to Williams petition for postconviction relief which the judge denied on December 22, 2003. The respondent, through the Cuyahoga County Prosecutor s office, moved for summary judgment. For the following reasons, we grant the motion for summary judgment and deny the writ of mandamus. {¶2} Attached to the respondent s motion for summary judgment is a copy of the court s findings of fact and conclusions of law. mandamus is moot. Thus, Williams request for a writ of State ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5, 450 N.E.2d 1163; State ex rel. Jerningham v. Cuyahoga County Court of Common Pleas, 74 Ohio St.3d 278, 1996-Ohio-117, 658 N.E.2d 723. {¶3} We also find that Williams failed to comply with R.C. 2969.25, which mandates that he attach an affidavit to his complaint that describes each civil action or appeal of a civil action filed in the previous five years. The failure to provide such affidavit constitutes sufficient grounds for dismissal of the relator s complaint for a writ of mandamus. State ex rel. Zanders v. Ohio Parole Board, 82 Ohio St.3d 421, 3 1998-Ohio-218, 696 N.E.2d 594; State ex rel. Alford v. Winters, 80 Ohio St.3d 285, 1997-Ohio-117, 685 N.E.2d 1242. {¶4} Accordingly, we grant the respondent s motion for summary judgment. Relator to bear costs. It is further ordered that the clerk shall serve upon all parties notice of this judgment and date of entry pursuant to Civ.R. 58(B). Writ denied. COLLEEN CONWAY COONEY JUDGE MICHAEL J. CORRIGAN, A.J., CONCURS KENNETH A. ROCCO, J., CONCURS
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
