Billman v. Smith

Citations

• 2020 Ohio 1358

Syllabus

CIVIL-HABEAS CORPUS-R.C. 2969.25(A)-JURISDICTION-PROCEDURAL DEFECT - The failure to comply with the provisions of R.C. 2969.25 requires the dismissal of an action in habeas corpus. R.C. 2969.25's filing requirements apply to the filing of appeals as well as the filing of petitions at the trial court level and the failure to file an affidavit that contains a description of each civil action or appeal the inmate has filed in the previous five years, in support of an appeal, creates a procedural defect that requires dismissal of the appeal. Although the appeal was procedurally defective, the trial court properly dismissed the petition on substantive grounds below, albeit for incorrect reasons, where 1) the petitioner had an adequate remedy at law by virtue of his filing of a delayed appeal to the Supreme Court of Ohio, and 2) the petitioner's substantive claims concerning the sufficiency of the evidence and challenges to the indictment were not cognizable in habeas corpus.