Brack v. Ohio Dep't of Rehab. & Corr.

Full title: JOHNNY BRACK Petitioner v. OHIO DEPARTMENT of REHABILITATION & CORR., et…

Court: COURT OF APPEALS STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT

Date published: Feb 5, 2018

2018 Ohio 470 (Ohio Ct. App. 2018)

Opinion

Case No. 2017 CA 00103

02-05-2018

JOHNNY BRACK Petitioner v. OHIO DEPARTMENT of REHABILITATION & CORR., et al. Respondent

APPEARANCES: For Petitioner JOHNNY BRACK, PRO SE PRO SE 919 Sandal Place NE Canton, Ohio 44704 For Respondant JERRI L. FOSNAUGHT ASSISTANT ATTORNEY GENERAL 150 East Gay Street, 16th Floor Columbus, Ohio 43215

Wise, P. J.

JUDGES: Hon. John W. Hon. Patricia A. Delaney, J. Hon. Craig R. Baldwin, J.

OPINION

CHARACTER OF PROCEEDING: Writ of Habeas Corpus JUDGMENT: Dismissed APPEARANCES: For Petitioner JOHNNY BRACK, PRO SE
PRO SE
919 Sandal Place NE
Canton, Ohio 44704 For Respondant JERRI L. FOSNAUGHT
ASSISTANT ATTORNEY GENERAL
150 East Gay Street, 16th Floor
Columbus, Ohio 43215 Wise, P. J.

{¶1} Petitioner, Johnny Brack, has filed a petition for writ of habeas corpus claiming he is entitled to release from prison because he should have been given jail credit for the time he spent on a GPS monitor. Respondent has filed a motion to dismiss.

{¶2} Petitioner has failed to attach all commitment papers as required. Revised Code 2725.04(D) provides, "(D) A copy of the commitment or cause of detention of such person shall be exhibited, if it can be procured without impairing the efficiency of the remedy; or, if the imprisonment or detention is without legal authority, such fact must appear."

{¶3} A "[h]abeas 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." Boyd v. Money, 82 Ohio St.3d 388, 1998 -Ohio- 221, 696 N.E.2d 568.

{¶4} Further, the Supreme Court has held habeas corpus does not lie to challenge jail time credit, "[Petitioner] had an adequate remedy by appeal to raise any error by the trial court in calculating his jail-time credit. State ex rel. Rudolph v. Horton, 119 Ohio St.3d 350, 2008-Ohio-4476, 894 N.E.2d 49, ¶ 3." Hughley v. Saunders, 123 Ohio St.3d 446, 2009-Ohio-5585, 917 N.E.2d 270, ¶ I.

{¶5} Because the petition is fatally defective due to the failure to attach the required commitment papers and because habeas corpus cannot be used to challenge jail time credit, the petition is dismissed. By: Wise, P. J. Delaney, J., and Baldwin, J., concur. JWW/d 0126