Filed: Jun. 05, 2017
Latest Update: Jun. 05, 2017
Summary: JOURNAL ENTRY AND OPINION EILEEN A. GALLAGHER , P.J. { 1} Milton Hall has filed a petition for a writ of habeas corpus based upon a claim of excessive bail. Sua sponte, we dismiss the petition. { 2} Hall failed to attach any commitment papers to his petition, a violation of R.C. 2725.04(D). The failure to attach any commitment papers is fatal to a petition for a writ of habeas corpus and requires dismissal of the petition. State ex rel. Arroyo v. Sloan, 142 Ohio St.3d 541 , 2015-Ohio
Summary: JOURNAL ENTRY AND OPINION EILEEN A. GALLAGHER , P.J. { 1} Milton Hall has filed a petition for a writ of habeas corpus based upon a claim of excessive bail. Sua sponte, we dismiss the petition. { 2} Hall failed to attach any commitment papers to his petition, a violation of R.C. 2725.04(D). The failure to attach any commitment papers is fatal to a petition for a writ of habeas corpus and requires dismissal of the petition. State ex rel. Arroyo v. Sloan, 142 Ohio St.3d 541 , 2015-Ohio ..
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JOURNAL ENTRY AND OPINION
EILEEN A. GALLAGHER, P.J.
{¶1} Milton Hall has filed a petition for a writ of habeas corpus based upon a claim of excessive bail. Sua sponte, we dismiss the petition.
{¶2} Hall failed to attach any commitment papers to his petition, a violation of R.C. 2725.04(D). The failure to attach any commitment papers is fatal to a petition for a writ of habeas corpus and requires dismissal of the petition. State ex rel. Arroyo v. Sloan, 142 Ohio St.3d 541, 2015-Ohio 2081, 33 N.E.3d 56; State ex rel. McCuller v. Callahan, 98 Ohio St.3d 307, 2003-Ohio-858, 784 N.E.2d 108; State ex rel. Johnson v. Ohio Dept. of Rehab. & Corr., 95 Ohio St.3d 70, 765 N.E.2d 356 (2002).
{¶3} Additionally, Hall's petition does not comply with the mandatory requirements of R.C. 2725.04, which requires that the petition be verified. The failure of Hall to execute the required verification requires dismissal of the petition for a writ of habeas corpus. Chari v. Vore, 91 Ohio St.3d 323, 744 N.E.2d 763 (2001). See also Watkins v. Collins, 111 Ohio St.3d 425, 2006-Ohio-5082, 857 N.E.2d 78; State ex rel. McCuller, supra; Phillips v. Irwin, 96 Ohio St.3d 350, 2002-Ohio-4758, 774 N.E.2d 1218.
{¶4} Accordingly, we sua sponte dismiss Hall's petition for a writ of habeas corpus. Costs to Hall. The court directs the clerk of courts to serve all parties with notice of this judgment and the date of entry upon the journal as required by Civ.R. 58(B).
{¶5} Petition dismissed.
EILEEN T. GALLAGHER, J., and FRANK D. CELEBREZZE, JR., J., CONCUR
