Sansom v. Bradshaw, (Ohio 2010)
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Summary
Writ of Habeas Corpus
Summary
Writ of Habeas Corpus
Text
[Cite as Sansom v. Bradshaw, 2010-Ohio-886.]
COURT OF APPEALS RICHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT
ROBERT SANSOM JUDGES:
Hon. Julie A. Edwards, P.J.
Petitioner Hon. W. Scott Gwin, J.
Hon. William B. Hoffman, J. -vs-
Case No. 10CA24 MARGARET A. BRADSHAW, WARDEN
Respondent O P I N I O N
CHARACTER OF PROCEEDING: Writ of Habeas Corpus
JUDGMENT: Dismissed
DATE OF JUDGMENT ENTRY: March 5, 2010
APPEARANCES:
For Petitioner For Respondent
ROBERT SANSOM MARGARET A. BRADSHAW, WARDEN Richland Correctional Institution Richland Correctional Institution 1001 Olivesburg Road 1001 Olivesburg Rd.
P.O. Box 8107 P.O. Box 8107 Mansfield, Ohio 44901 Mansfield, Ohio
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Richland County, Case No. 10CA24 2
Hoffman, J.
Petitioner, Robert Sansom, has filed a Petition for Writ of Habeas Corpus claiming he is entitled to release from confinement because his maximum sentence has expired. Petitioner has not attached a copy of his commitment papers. Rather, he alleges he was not able to obtain a copy of his commitment papers without impairing the efficiency of the remedy sought.
The Supreme Court has held failure to comply with the requirement of attaching all pertinent commitment papers 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).
We likewise find the failure to include all pertinent entries has made a complete understanding of the Petition impossible.
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Richland County, Case No. 10CA24 3
For this reason, Petitioner's request for Writ of Habeas Corpus is dismissed.
By: Hoffman, J.
Edwards, P.J. and Gwin, J. concur
s/ William B.
Hoffman
____________________
HON. WILLIAM B. HOFFMAN
s/ Julie A. Edwards
____________________
HON. JULIE A. EDWARDS
s/ W.
Scott Gwin
____________________
HON. W. SCOTT GWIN
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Richland County, Case No. 10CA24 4
IN THE COURT OF APPEALS FOR RICHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT
ROBERT SANSOM :
: Petitioner :
: -vs- :
JUDGMENT ENTRY
: MARGARET A. BRADSHAW, WARDEN :
: Respondent :
Case No. 10CA24
Petitioner's request for Writ of Habeas Corpus is dismissed.
Costs assessed to Petitioner.
s/ William B. Hoffman
____________________
HON. WILLIAM B. HOFFMAN
s/ Julie A. Edwards
____________________
HON. JULIE A. EDWARDS
s/ W. Scott Gwin
____________________
HON. W. SCOTT GWIN
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