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Richards v. Konteh

Court of Appeals of Ohio, Sixth District, Lucas County
Jul 11, 2006
2006 Ohio 3608 (Ohio Ct. App. 2006)

Opinion

Court of Appeals No. L-06-1116.

Decided: July 11, 2006.

Timothy Richards, Jr., pro se.

Jim Petro, Attorney General of Ohio, and Mark J. Zemba, Assistant Attorney General, for respondents.


DECISION AND JUDGMENT ENTRY


{¶ 1} This matter comes before the court on petitioner, Timothy Richards, Jr.'s, petition for habeas corpus. Respondent, Kelleh Konteh, has filed a motion for summary judgment in response.

{¶ 2} "`[H]abeas corpus in Ohio is generally appropriate in the criminal context only if the petitioner is entitled to immediate release from prison or some type of physical confinement.'" Smith v. Leis, 106 Ohio St.3d 309, 2005-Ohio-5125, quoting State ex rel. Smirnoff v. Greene (1998), 84 Ohio St.3d 165, 167. "If a habeas corpus petitioner seeking release is subsequently released, the petitioner's habeas corpus claim is normally rendered moot." Larsen v. State (2001), 92 Ohio St.3d 69, 69-70, citing Pewitt v. Lorain Correctional Inst. (1992), 64 Ohio St.3d 470, 472.

{¶ 3} In that petitioner was released from custody by the Adult Parole Authority on June 19, 2006, his petition is rendered moot and ordered dismissed at petitioner's costs.

PETITION DISMISSED.

Pietrykowski, J., Parish, J., concur.


Summaries of

Richards v. Konteh

Court of Appeals of Ohio, Sixth District, Lucas County
Jul 11, 2006
2006 Ohio 3608 (Ohio Ct. App. 2006)
Case details for

Richards v. Konteh

Case Details

Full title:Timothy Richards, Jr., Petitioner, v. Kelleh Konteh, Warden, and Adult…

Court:Court of Appeals of Ohio, Sixth District, Lucas County

Date published: Jul 11, 2006

Citations

2006 Ohio 3608 (Ohio Ct. App. 2006)