State ex rel. Stipanovich v. McMonagle

Annotate this Case

Download PDF

[Cite as State ex rel. Stipanovich v. McMonagle, 2010-Ohio-529.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 94450 STATE OF OHIO, EX REL. CHRISTOPHER STIPANOVICH RELATOR vs. JUDGE RICHARD MCMONAGLE RESPONDENT JUDGMENT: WRIT DENIED Writ of Mandamus Motion No. 429928 Order No. 429873 RELEASE DATE: February 12, 2010 2 FOR RELATOR Christopher Stipanovich, pro se Inmate No. 561-730 Belmont Correctional Inst. 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 JAMES J. SWEENEY, J.: {¶ 1} On December 30, 2009, the relator, Christopher Stipanovich, commenced this mandamus action against the respondent, Judge Richard McMonagle, to compel the judge to grant him an additional five days of jail-time credit in the underlying case, State of Ohio v. Christopher Stipanovich, Cuyahoga County Common Pleas Court Case No. CR-513670. Stipanovich alleged that the judge had not given him full credit and that on December 11, 2009, he moved for additional credit. On January 6, 2010, the respondent judge, through the Cuyahoga County Prosecutor, moved for summary judgment on the grounds of mootness. Attached to the dispositive motion was a certified copy of a 3 December 17, 2009 journal entry which granted Stipanovich a total of twelve days of jail-time credit. Stipanovich never filed a response. Accordingly, this mandamus action is now moot. The judge has resolved the outstanding motion for jail-time credit, and Stipanovich has received his requested relief of additional credit. {¶ 2} The court grants the judge s summary judgment motion and denies the application for a writ of mandamus. Costs assessed against the relator. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B). JAMES J. SWEENEY, JUDGE MELODY J. STEWART, P.J., and ANN DYKE, J., CONCUR

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.