Hairston v. Seidner

Decision Date23 February 2000
Docket NumberNo. 99-1728.,99-1728.
Citation723 NE 2d 575,88 Ohio St.3d 57
PartiesHAIRSTON, APPELLANT, v. SEIDNER, WARDEN, APPELLEE.
CourtOhio Supreme Court

Clifford Hairston, pro se.

Betty D. Montgomery, Attorney General, and Laurence R. Snyder, Assistant Attorney General, for appellee.

Per Curiam.

We affirm the judgment of the court of appeals. Hairston did not attach all of his pertinent commitment papers to his habeas corpus petition. R.C. 2725.04(D); State ex rel. Dozier v. Mack (1999), 85 Ohio St.3d 368, 369, 708 N.E.2d 712, 713. A court of record speaks only through its journal entries, Gaskins v. Shiplevy (1996), 76 Ohio St.3d 380, 382, 667 N.E.2d 1194, 1196, and Hairston failed to attach a sentencing entry from one of his criminal cases.1

Judgment affirmed.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.

1. We also deny Hairston's January 3, 2000 motion for emergency relief. Hairston is not entitled to an investigation concerning his claim that no docket index of this case was sent to him by the clerk of the court of appeals under S.Ct.Prac.R. V(3), and because of his defective petition, he suffered no prejudice even if his claim had merit.

To continue reading

Request your trial
29 cases
  • State v. Pierson
    • United States
    • Ohio Court of Appeals
    • 30 Agosto 2002
    ...(Emphasis sic.) State v. Blankenship (Sept. 7, 2001), 11th Dist. No. 2000-P-0097, 2001 WL 1023645. See, also, Hairston v. Seidner (2000), 88 Ohio St.3d 57, 58, 723 N.E.2d 575; Gaskins v. (1996), 76 Ohio St.3d 380, 382, 667 N.E.2d 1194; State v. Mincy (1982), 2 Ohio St.3d 6, 8, 2 OBR 282, 44......
  • WBCMT 2007-C33 Office 7870, LLC v. Bar J Ranch-Kemper Pointe LLC
    • United States
    • Ohio Court of Common Pleas
    • 26 Marzo 2018
    ...language in terms of the monetary award.Because, "[a] court of record speaks only through its journal entries", Hairston v. Seidner , 88 Ohio St.3d 57, 58, 2000-Ohio-271, 723 N.E.2d 575, the Judgment Entry itself still contains language entering judgment "in an amount not less than the $258......
  • State v. Boles
    • United States
    • Ohio Court of Appeals
    • 29 Julio 2011
    ...but insists that this error can be corrected by a nunc pro tunc entry. {¶ 34} A court speaks through its journal entries. Hairston v. Seidner, 88 Ohio St.3d 57, 2000-Ohio-271. Generally, "trial courts lack authority to reconsider their own valid final judgments in criminal cases." State ex ......
  • State v. Anne C. Pierson
    • United States
    • Ohio Court of Appeals
    • 4 Septiembre 2002
    ... ... entries.' (Emphasis sic.) State v. Blankenship, ... 11th Dist. No. 2000-P-0097, 2001-Ohio- 4345, at ¶7. See, ... also, Hairston v. Seidner, 88 Ohio St.3d 57, 58, ... 2000-Ohio-271; Gaskins v. Shiplevy, 76 Ohio St.3d ... 380, 382, 1996-Ohio-387; State v. Mincy (1982), 2 ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT