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Hughley v. Saunders

Supreme Court of Ohio
Aug 20, 2009
2009 Ohio 4089 (Ohio 2009)

Opinion

No. 2009-0530.

Submitted August 11, 2009.

Decided August 20, 2009.

APPEAL from the Court of Appeals for Fairfield County, No. 09 CA 6, 2009-Ohio-1294.

Kevin Hughley, pro se.

Richard Cordray, Attorney General, and M. Scott Criss, Assistant Attorney General, for appellee.


{¶ 1} We affirm the judgment of the court of appeals dismissing the petition for a writ of habeas corpus of appellant, Kevin Hughley. Hughley's petition was fatally defective and subject to dismissal because he failed to comply with the commitment-paper and verification requirements of R.C. 2725.04. Griffin v. McFaul, 116 Ohio St.3d 30, 2007-Ohio-5506, 876 N.E.2d 527, ¶ 4. Hughley's petition failed to include specific facts to support his statement that his commitment papers and verification could not be obtained without impairing the efficiency of the remedy. Goudlock v. Voorhies, 119 Ohio St.3d 398, 2008-Ohio-4787, 894 N.E.2d 692, ¶ 15. Even if — as Hughley claims — the prison's record office would not give him a copy of his commitment papers, there is no allegation in his petition that he sought those papers from the clerk's office of his sentencing court. And although Hughley's petition contains an "affidavit on claims" that is notarized, there is no statement in which he expressly swears to the truth of the allegations in his petition. Chari v. Vore (2001), 91 Ohio St.3d 323, 327, 744 N.E.2d 763.

Judgment affirmed.

MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O'CONNOR, O'DONNELL, LANZINGER, and CUPP, JJ., concur.


Summaries of

Hughley v. Saunders

Supreme Court of Ohio
Aug 20, 2009
2009 Ohio 4089 (Ohio 2009)
Case details for

Hughley v. Saunders

Case Details

Full title:HUGHLEY, APPELLANT, v. SAUNDERS, WARDEN, APPELLEE

Court:Supreme Court of Ohio

Date published: Aug 20, 2009

Citations

2009 Ohio 4089 (Ohio 2009)
2009 Ohio 4089
914 N.E.2d 370

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