Curtis v. Wainwright, 032019 OHSC, 2018-1084

Docket Nº:2018-1084
Opinion Judge:PER CURIAM.
Party Name:Curtis, Appellant, v. Wainwright, Warden, Appellee.
Attorney:Richard Curtis, pro se. Dave Yost, Attorney General, and M. Scott Criss, Assistant Attorney General, for appellee.
Judge Panel:O'Connor, C.J., and Kennedy, French, Fischer, DeWine, Donnelly, and Stewart, JJ., concur.
Case Date:March 20, 2019
Court:Supreme Court of Ohio
 
FREE EXCERPT

2019-Ohio-942

Curtis, Appellant,

v.

Wainwright, Warden, Appellee.

No. 2018-1084

Supreme Court of Ohio

March 20, 2019

Submitted January 29, 2019

Appeal from the Court of Appeals for Marion County, No. 9-18-14.

Richard Curtis, pro se.

Dave Yost, Attorney General, and M. Scott Criss, Assistant Attorney General, for appellee.

PER CURIAM.

{¶ 1} We affirm the judgment of the Third District Court of Appeals dismissing the petition of appellant, Richard Curtis, for a writ of habeas corpus.

{¶ 2} Curtis, an inmate at Marion Correctional Institution, was convicted in 2009 in Brown County Common Pleas Court of aggravated murder and murder, with each count carrying a gun specification. After merging the offenses for purposes of sentencing, the trial court sentenced him to life imprisonment with the possibility of parole after 20 years for the aggravated-murder conviction, to be served consecutively to a three-year prison term for the attached gun specification. The Twelfth District Court of Appeals affirmed. The trial court later entered a nunc pro tunc entry to delete ambiguous language regarding merger and to delete a reference to postrelease control.

{¶ 3} In May 2018, Curtis filed a habeas corpus petition in the Third District Court of Appeals, arguing that the trial court had improperly imposed multiple sentences for allied offenses and that his sentence is therefore void. Appellee, Warden Lyneal Wainwright, moved to dismiss Curtis's petition for failure to state a claim. The court of appeals granted the motion to dismiss.

{¶ 4} A court may dismiss a habeas action under Civ.R. 12(B)(6) for failure to state a claim upon which relief can be granted "if, after all factual allegations are presumed true and all reasonable inferences are made in [the petitioner's] favor, it appears beyond doubt that he could prove no set of facts entitling him to the requested extraordinary relief in habeas corpus." Keith v. Bobby, 117 Ohio St.3d 470, 2008-Ohio-1443, 884 N.E.2d 1067, ¶ 10. This court reviews a dismissal under Civ.R. 12(B)(6) de novo. State ex rel. McKinney v. Schmenk, 152 Ohio St.3d 70, 2017-Ohio-9183, 92 N.E.3d...

To continue reading

FREE SIGN UP