State ex rel. Palmer v. Donnelly
Annotate this Case
Download PDF
[Cite as State ex rel. Palmer v. Donnelly, 2010-Ohio-1764.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 94805 STATE OF OHIO, EX REL., HERMAN PALMER RELATOR vs. HON. MICHAEL P. DONNELLY, JUDGE RESPONDENT JUDGMENT: WRIT DENIED WRIT OF MANDAMUS MOTION NO. 432329 ORDER NO. 432945 2 RELEASE DATE: FOR RELATOR April 16, 2010 Herman Palmer, Pro Se Inmate No. 571-004 Belmont Correctional Institution P.O. Box 540 St. Clairsville, Ohio 43950 ATTORNEYS FOR RESPONDENT William D. Mason Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 ANN DYKE, J.: {¶ 1} Herman Palmer, the relator, has filed a complaint for a writ of mandamus. Palmer seeks an order from this court, which requires Judge Michael P. Donnelly to render rulings with regard to motions for jail-time credit as filed in State v. Palmer, Cuyahoga County Court of Common Pleas Case Nos. CR-485829 and CR-523697. Judge Donnelly has filed a motion for summary judgement. {¶ 2} Attached to the motion for summary judgment are copies of journal entries, which demonstrate that Judge Donnelly has rendered rulings 3 with regard to Palmer s motions for jail-time credit and that Palmer has been granted jail-time credit in the amount of eighty-two (82) days. request for a writ of mandamus is moot. Palmer s 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. It must also be noted that any error associated with the calculation of jail-time credit must be addressed through an appeal. State ex rel Britton v. Foley-Jones (March 5, 1998), Cuyahoga App. No. 73646; State ex rel. Spates v. Sweeney (April 17, 1997), Cuyahoga App. No. 71986. {¶ 3} Accordingly, we grant Judge Donnelly s motion for summary judgment. Costs to Judge Donnelly. 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. ANN DYKE, JUDGE SEAN C. GALLAGHER, A.J., and COLLEEN CONWAY COONEY, J., CONCUR KEY WORDS
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.
