Tisdale v. Eberlin
| Decision Date | 15 August 2007 |
| Docket Number | No. 2007-0533.,2007-0533. |
| Citation | 870 N.E.2d 1191,2007 Ohio 3833,114 Ohio St.3d 201 |
| Parties | TISDALE, Appellant, v. EBERLIN, Warden, Appellee. |
| Court | Ohio Supreme Court |
Khabir A. Tisdale, pro se.
Marc Dann, Attorney General, and Stuart A. Cole, Assistant Attorney General, for appellee.
{¶ 1} This is an appeal from a judgment dismissing a petition for a writ of habeas corpus. Because the petitioner failed to attach all of his pertinent commitment papers, and because he had an adequate remedy in the ordinary course of law to raise his speedy-trial claim, we affirm.
{¶ 2} The Columbiana County Court of Common Pleas convicted appellant, Khabir A. Tisdale, of two counts of trafficking in drugs, one count of attempted illegal conveyance of prohibited items onto the grounds of a detention facility, and one count of possession of drugs and sentenced him to prison. The Jefferson County Court of Common Pleas convicted Tisdale of one count of possession of drugs and sentenced him to prison.
{¶ 3} In December 2006, Tisdale filed a petition in the Court of Appeals for Belmont County for a writ of habeas corpus to compel his immediate release from prison. Tisdale claimed that he was entitled to the writ because his speedy-trial rights under R.C. 2941.401 had been violated. However, Tisdale did not attach a copy of the sentencing entry for his Jefferson County conviction. Appellee, Belmont Correctional Institution Warden Michele Eberlin, filed a motion to dismiss the petition. The court of appeals dismissed the petition.
{¶ 4} In his appeal as of right, Tisdale asserts that the court of appeals erred in dismissing his habeas corpus petition.
{¶ 5} For the following reasons, however, the court of appeals properly dismissed the petition.
{¶ 6} Tisdale's petition is fatally defective and subject to dismissal because he failed to attach copies of all of his pertinent commitment papers. State ex rel. Winnick v. Gansheimer, 112 Ohio St.3d 149, 2006-Ohio-6521, 858 N.E.2d 409, ¶ 5; R.C. 2725.04(D). Tisdale attached the sentencing entries for his Columbiana County convictions but failed to attach the sentencing entry for his Jefferson County conviction. Tisdale erroneously relies on Watkins v. Collins, 111 Ohio St.3d 425, 2006-Ohio-5082, 857 N.E.2d 78, ¶ 38, to claim that the foregoing general rule is inapplicable. Watkins is inapposite, because unlike the petitioners in that case, Tisdale did not attach a stipulation of the parties agreeing to all of the pertinent facts.
{¶ 7} Moreover, a claimed violation of a right to a speedy trial is not cognizable in habeas corpus. Kelley v. Wilson, 103 Ohio St.3d 201, 2004-Ohio-4883, 814 N.E.2d 1222, ¶ 15. This rule applies where the claimed violation is — as here — based upon noncompliance with R.C. 2941.401. Jackson v. Wilson, 100 Ohio St.3d 315, 2003-Ohio-6112, 798 N.E.2d 1086, ¶ 6-7 (); State ex rel. Bowling v. Hamilton Cty. Court of Common Pleas (1970), 24 Ohio St.2d 158, 53 O.O.2d 355,...
To continue reading
Request your trial
-
Goudlock v. Voorhies
... ... It is true that res judicata generally bars a successive habeas corpus petition. Everett v. Eberlin, 114 Ohio St.3d 199, 2007-Ohio-3832, 870 N.E.2d 1190, ¶ 8 ... {¶ 10} But Goudlock's first habeas corpus petition was dismissed ... R.C. 2725.04(D); Tisdale v. Eberlin, 114 Ohio St.3d 201, 2007-Ohio-3833, 870 N.E.2d 1191, ¶ 6. Goudlock did not attach to his petition the juvenile court bindover entry that ... ...
-
State ex rel. Hall v. Turner
... ... Turner, 140 Ohio St.3d 1, 2014-Ohio-1934, 2, citing Day v. Wilson, 116 Ohio St.3d 566, 2008-Ohio-82, 4, citing Tisdale v. Eberlin, 114 Ohio St.3d 201, 2007-Ohio-3833, 6; State ex rel. Johnson v. Ohio Dept. of Rehab. & Corr., 95 Ohio St.3d 70, 71 (2002) (upholding the ... ...
-
Arthur v. State Of Ohio Respondent
... ... 2969.25(C);{ 7} (5) the petition fails to contain a sworn and notarized affidavit that complies with Loc.App.R. 45(B)(1)(a).{ 8} Tisdale v. Eberlin, 114 Ohio St.3d 201, 2007-Ohio-3833, 870 N.E.2d 1191; Chari v. Vore, 91 Ohio St.3d 323, 2001-Ohio-49, 744 N.E.2d 763. See, also, State ex ... ...
-
Miner v. Eberlin, 2009 Ohio 934 (Ohio App. 2/26/2009)
... ... However, he did not attach a copy of the judgment entry reimposing ... his prison sentence ... {¶21} "A habeas petition is fatally defective if a defendant fails to attach all of his pertinent commitment papers. Tisdale v. Eberlin, 114 Ohio St.3d 201, 2007-Ohio-3833, ¶ 6 (where defendant claimed speedy trial violation and attached papers from his Columbiana County conviction but not the papers from his Jefferson County conviction where he was being held on both); State ex rel. Johnson v. Ohio Dept. of Rehab. & ... ...