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Hughley v. Saunders

Court of Appeals of Ohio, Fifth District, Fairfield County
Aug 25, 2008
2008 Ohio 4417 (Ohio Ct. App. 2008)

Opinion

No. 08-CA-53.

DATE OF JUDGMENT ENTRY: August 25, 2008.

Petition for Writ of Habeas Corpus.

WRIT DENIED.

Kevin Hughley — #532-743, for Petitioner — Pro se.

Before: Hon. Sheila G. Farmer, P.J., Hon. John W. Wise, J., Hon. Patricia A. Delaney, J.


OPINION


{¶ 1} This matter came before the Court upon review of the Petition for Habeas Corpus filed by Kevin Hughley.

{¶ 2} A review of the Petition reveals Petitioner has failed to attach the necessary commitment papers in compliance with R.C. 2725.04(D). The Supreme Court has held failure to comply with this requirement is a fatal defect which cannot be cured, "[C]ommitment papers are necessary for a complete understanding of the petition. Without them, the petition is fatally defective. When a petition is presented to a court that does not comply with R.C. 2725.04(D), there is no showing of how the commitment was procured and there is nothing before the court on which to make a determined judgment except, of course, the bare allegations of petitioner's application." Bloss v. Rogers, 65 Ohio St.3d 145, 602 N.E.2d 602. See also, Boyd v. Money, 82 Ohio St.3d 388, wherein the Supreme Court held, "Habeas corpus petitioner's failure to attach pertinent commitment papers to his petition rendered petition fatally defective, and petitioner's subsequent attachment of commitment papers to his post-judgment motion did not cure the defect." R.C. § 2725.04(D).

{¶ 3} For this reason, Petitioner's request for Writ of Habeas Corpus is denied.

{¶ 4} WRIT DENIED.

{¶ 5} COSTS TO PETITIONER.

Delaney, .J., Farmer, P.J. and Wise, J. concur

JUDGMENT ENTRY

For the reasons stated in the Memorandum-Opinion on file, Petitioner's Writ of Habeas Corpus is hereby denied. Costs taxed to Petitioner.


Summaries of

Hughley v. Saunders

Court of Appeals of Ohio, Fifth District, Fairfield County
Aug 25, 2008
2008 Ohio 4417 (Ohio Ct. App. 2008)
Case details for

Hughley v. Saunders

Case Details

Full title:Kevin Hughley, Petitioner v. Warden Saunders Southeastern Correctional…

Court:Court of Appeals of Ohio, Fifth District, Fairfield County

Date published: Aug 25, 2008

Citations

2008 Ohio 4417 (Ohio Ct. App. 2008)