Opinion
No. 103019
08-14-2015
JOHN L. TURNER, JR. PETITIONER v. MICHAEL O'SHEA PROSECUTOR RESPONDENT
FOR RELATOR John L. Turner, Jr., pro se Lake County Jail 104 E. Erie Street Painesville, Ohio 44077 ATTORNEY FOR RESPONDENT Andrew D. Bemer, Director Rocky River Law Department 21012 Hilliard Blvd. Rocky River, Ohio 44116
JOURNAL ENTRY AND OPINION JUDGMENT: PETITION DISMISSED Writ of Habeas Corpus Motion No. 486358
Order No. 487718
FOR RELATOR John L. Turner, Jr., pro se
Lake County Jail
104 E. Erie Street
Painesville, Ohio 44077
ATTORNEY FOR RESPONDENT
Andrew D. Bemer, Director
Rocky River Law Department
21012 Hilliard Blvd.
Rocky River, Ohio 44116
MELODY J. STEWART, J.:
{¶1} On May 12, 2015, the petitioner, John L. Turner, Jr., commenced this habeas corpus action against the respondent, the city of Rocky River Prosecutor Michael O'Shea. The gravamen of Turner's complaint is that the use of a GPS tracker to incriminate him for the underlying misdemeanor offenses so violates his constitutional rights to due process and search and seizure that he should be released on personal bail or that the charges against him should be dropped. On June 9, 2015, the prosecutor moved to dismiss, inter alia, because he is not the proper respondent, because Turner failed to attach his commitment papers, and because search and seizure claims are not remediable in habeas corpus. Turner never filed a response. For the following reasons, this court grants the prosecutor's motion to dismiss and dismisses this petition for a writ of habeas corpus.
In the underlying cases, State of Ohio/City of Rocky River v. Turner, Rocky River M.C. Nos. 14 CRB 1651 - 1656, Turner faces charges of theft and criminal damaging. Turner was wearing a GPS tracker as a condition of parole at that time. --------
{¶2} First, the petition is fatally defective. R.C. 2725.04(D) requires a habeas corpus petitioner to include a copy of the commitment or cause of detention. Turner attached nothing to fulfill this requirement, much less the journal entry causing his detention. Wilson v. Kochevar, 8th Dist. Cuyahoga No. 84516, 2004-Ohio-2984.
{¶3} Moreover, Prosecutor O'Shea is not a proper respondent in a habeas corpus action. The writ will lie only against the individual who is directly responsible for keeping the petitioner in custody, such as the warden or jailer. A prosecutor is not such an individual. Davis v. Wilson, 100 Ohio St.3d 269, 2003-Ohio-5898, 798 N.E.2d 379.
{¶4} Non-jurisdictional claims, such as search and seizure issues, are not cognizable in habeas corpus. Davie v. Edwards, 80 Ohio St.3d 170, 685 N.E.2d 228 (1997), and Cammon v. Brigano, 101 Ohio St.3d 133, 2004-Ohio-316, 802 N.E.2d 656.
{¶5} Accordingly, this court grants the respondent's motion to dismiss and dismisses this petition for a writ of habeas corpus. Petitioner to pay costs. This court directs the clerk of courts to serve all parties notice of this judgment and its date of entry upon the journal as required by Civ.R. 58(B).
{¶6} Petition dismissed. MELODY J. STEWART, JUDGE LARRY A. JONES, SR., P.J., and
SEAN C. GALLAGHER, J., CONCUR