State ex rel. Nia v. Friedman , 2013 Ohio 706 ( 2013 )

[Cite as State ex rel. Nia v. Friedman, 2013-Ohio-706.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 99244
STATE OF OHIO EX REL.,
AKANBI NIA
RELATOR
vs.
JUDGE STUART A. FRIEDMAN, ET AL.
RESPONDENTS
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion Nos. 460882 and 461204
Order No. 461846
RELEASE DATE: February 22, 2013
FOR RELATOR
Akanbi Nia, Pro Se
Inmate No. 493-580
Mansfield Correctional Institution
P.O. Box 788
1150 North Main Street
Mansfield, OH 44901
ATTORNEYS FOR RESPONDENT JUDGE STUART A. FRIEDMAN
Timothy J. McGinty
Cuyahoga County Prosecutor
BY: James E. Moss
Assistant County Prosecutor
The Justice Center, 9th Floor
1200 Ontario Street
Cleveland, OH 44113
ATTORNEYS FOR RESPONDENT WARDEN TERRY TIBBALS
Michael DeWine
Ohio Attorney General
BY: David A. Lockshaw, Jr.
Assistant Attorney General
Criminal Justice Section
150 East Gay Street, 16th Floor
Columbus, OH 43215
MELODY J. STEWART, A.J.:
{¶1} On December 3, 2012, the relator, Akanbi Nia, commenced this mandamus
action against respondents, Judge Stuart Friedman and Warden Terry Tibbals, to compel
them to remand Nia to the custody of the Cuyahoga County Sheriff. In the underlying
case, State v. Nia, Cuyahoga C.P. No. CR-456529, in 2005, a jury convicted Nia of
aggravated murder and attempted aggravated murder; the judge sentenced him to an
aggregate term of 28 years to life. In State v. Nia, 8th Dist. No. 87335,
2007-Ohio-1283, this court affirmed the convictions, but vacated the sentences and
remanded the case to the trial court for resentencing pursuant to State v. Foster, 109 Ohio
St.3d 1, 2006-Ohio-856, 845 N.E.2d 470. However, Nia was never resentenced; thus,
he seeks this mandamus to return to the Cuyahoga County Sheriff’s Office for further
proceedings.
{¶2} The respondents filed dispositive motions on the grounds of mootness. On
December 11, 2012, the judge filed a motion for summary judgment, attached to which
was a certified copy of a December 7, 2012 journal entry ordering Nia’s return to the
Cuyahoga County Jail for resentencing. On December 24, 2012, the warden filed a
motion to dismiss, attached to which was a copy of December 19, 2012 journal entry
sentencing Nia to an aggregate term of 28 years to life for the crimes of aggravated
murder and attempted aggravated murder. Nia never filed a response. The attached
journal entries establish that this matter is moot.
{¶3} Accordingly, the court grants the respondents’ dispositive motions and denies
the application for a writ of mandamus. Costs assessed against the respondents; costs
waived. This court directs the clerk of court to serve all parties notice of this judgment
and its date of entry upon the journal as required by Civ.R. 58(B).
MELODY J. STEWART, ADMINISTRATIVE JUDGE
LARRY A. JONES, SR., J., and
KENNETH A. ROCCO, J., CONCUR