Yee v. Erie County Sheriff's Department

Although our reasoning differs from that employed by the court of appeals, we agree with that court that Yee is not entitled to the extraordinary writ of procedendo. We therefore affirm.

I

Believing that the common pleas court had no jurisdiction in Yee’s case during the pendency of the state’s appeal, the court of appeals refused to order the common pleas court to rule on Yee’s motions. This rationale presents us with the question: Does the pendency of an interlocutory appeal deprive a trial court of jurisdiction to rule on motions pending before it, which motions are not the subject of the…