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State ex Rel. Sherrills v. State

Supreme Court of Ohio
Mar 7, 2001
91 Ohio St. 3d 133 (Ohio 2001)

Summary

affirming the sua sponte dismissal of a petition for habeas corpus because the petitioner did not name the proper respondents

Summary of this case from Jones v. Mahoning Cnty. Clerk of Court

Opinion

No. 00-1658.

Submitted January 9, 2001.

Decided March 7, 2001.

Appeal from the Court of Appeals for Cuyahoga County, No. 78261.

Daries Sherrills, pro se.

William D. Mason, Cuyahoga County Prosecuting Attorney, and Diane Smilanick, Assistant Prosecuting Attorney, for appellee.


In July 2000, appellant, inmate Daries Sherrills, filed a complaint in the Court of Appeals for Cuyahoga County for a writ of mandamus to compel appellee, state of Ohio, to order that the journal in a case in that court reflect the truth and to file his brief in which he raised a claim of ineffective assistance of appellate counsel. Sherrills alternatively sought a writ of habeas corpus to compel his immediate release from prison. The court of appeals sua sponte dismissed the cause. State ex rel. Sherrills v. State (Aug. 3, 2000), Cuyahoga App. No. 78261, unreported, 2000 WL 1060605.

In this cause now before the court upon Sherrills's appeal as of right, we find that the court of appeals correctly dismissed Sherrills's claims for extraordinary relief.

As the court of appeals held, Sherrills's complaint is defective because he failed to name the proper respondents and did not include their addresses. Civ.R. 10(A); R.C. 2725.04(B); State ex rel. Keener v. Amberley (1997), 80 Ohio St.3d 292, 293, 685 N.E.2d 1247, 1248; State ex rel. Jackson v. Lucas Cty. (Mar. 5, 1996), Lucas App. No. L-96-049, unreported, 1996 WL 171550; State ex rel. Lacavera v. Cuyahoga Cty. Court of Common Pleas (Mar. 2, 2000), Cuyahoga App. No. 77359, unreported, 2000 WL 235748 ("although the State of Ohio is listed as the respondent [in relator's mandamus action], he seeks relief from the `clerk of courts' and the `court' ").

Moreover, to the extent that Sherrills requests a writ of habeas corpus, he failed to attach his commitment papers to his complaint. R.C. 2725.04(D); Sidle v. Ohio Adult Parole Auth. (2000), 89 Ohio St.3d 520, 733 N.E.2d 1115.

Based on the foregoing, we affirm the judgment of the court of appeals.

We also deny Sherrills's motions to supplement and amend the record.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.


Summaries of

State ex Rel. Sherrills v. State

Supreme Court of Ohio
Mar 7, 2001
91 Ohio St. 3d 133 (Ohio 2001)

affirming the sua sponte dismissal of a petition for habeas corpus because the petitioner did not name the proper respondents

Summary of this case from Jones v. Mahoning Cnty. Clerk of Court

affirming the sua sponte dismissal of a petition for habeas corpus because the petitioner did not name the proper respondents

Summary of this case from Relator v. City of Toledo

affirming the sua sponte dismissal of a petition for habeas corpus, inter alia, because the petitioner did not name the proper respondents

Summary of this case from Collins v. State

affirming the sua sponte dismissal of a petition for habeas corpus, inter alia, because the petitioner did not name the proper respondents

Summary of this case from Pruitt v. Kilbane

affirming the sua sponte dismissal of a petition for habeas corpus, inter alia, because the petitioner did not name the proper respondents

Summary of this case from Jackson v. State

In State ex rel. Sherrills v. State, 91 Ohio St.3d 133, 2001-Ohio-299, 742 N.E.2d 651, the Supreme Court of Ohio affirmed the sua sponte dismissal of a habeas corpus petition because, inter alia, the petitioner did not name the proper respondent or include the parties' addresses.

Summary of this case from State v. Addison

In State ex rel. Sherrills v. State, 91 Ohio St.3d 133, 2001-Ohio-299, 742 N.E.2d 651, the Supreme Court of Ohio affirmed the sua sponte dismissal of a habeas corpus petition because, inter alia, the petitioner did not name the proper respondent or include the parties' addresses.

Summary of this case from State v. Russell

In State ex rel. Sherrills v. The State of Ohio (2001), 91 Ohio St.3d 133, 742 N.E.2d 651, the Supreme Court of Ohio listed these failures as proper reasons for dismissal of a habeas petition.

Summary of this case from Griffin v. McFaul

In State ex rel. Sherrills v. The State of Ohio (2001), 91 Ohio St.3d 133, 742 N.E.2d 651, the Supreme Court of Ohio listed these failures as proper reasons for dismissal of a habeas petition.

Summary of this case from Jackson v. State

In State ex rel. Sherrills v. The State of Ohio (2001), 91 Ohio St.3d 133, 742 N.E.2d 651, the Supreme Court of Ohio listed these failures as proper reasons for dismissal of a habeas petition.

Summary of this case from In the Matter of Muntaser v. McFaul

In State ex rel. Sherrills v. The State of Ohio (2001), 91 Ohio St.3d 133, the Supreme Court of Ohio listed these failures as proper reasons for dismissal of a habeas petition.

Summary of this case from State ex Rel. Woods v. State
Case details for

State ex Rel. Sherrills v. State

Case Details

Full title:The State ex rel. Sherrills, Appellant, v. The State of Ohio, Appellee

Court:Supreme Court of Ohio

Date published: Mar 7, 2001

Citations

91 Ohio St. 3d 133 (Ohio 2001)
742 N.E.2d 651

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The failure to name the proper respondent is cause to dismiss the petition. State ex rel. Sherrills v. State,…

Whitman v. Shaffer

See R.C. 2725.04(B). See, also, State ex rel. Sherrills v. State, 91 Ohio St.3d 133, 2001-Ohio-299, 742…