STATE EX REL. SPEARS v. BURNSIDE

No. 92330.

2009 Ohio 606

State of Ohio, ex rel., Myron Spears, Relator, v. Judge Janet Burnside, Respondent.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: February 11, 2009.


Attorney(s) appearing for the Case

Myron E. Spears, pro se, Inmate No. A405-977, Belmont Correctional Inst., P.O. Box 540, St. Clairsville, Ohio 43950-0540, for Relator.

William D. Mason, Cuyahoga County Prosecutor, By: T. Allan Regas, Assistant County Prosecutor, 8th Floor, Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Respondent.


JOURNAL ENTRY AND OPINION

PATRICIA A. BLACKMON, J.

{¶ 1} On October 30, 2008, the petitioner, Myron Spears, commenced this prohibition action against the respondent, Judge Janet Burnside, to prohibit her from increasing his sentence from ten years to eleven years. On November 19, 2008, the State of Ohio, through the Cuyahoga County Prosecutor, filed a motion to dismiss and a motion for summary judgment. Spears never filed a brief in opposition...

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