In re Olmstead

2017 Ohio 8291

• Court: Ohio Court of Appeals
• Decided: October 23, 2017
• Docket: 17-COA-036
• Status: Published

Opinion

[Cite as In re Olmstead, 2017-Ohio-8291.]

COURT OF APPEALS ASHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT

IN RE: BRANDON OLMSTEAD JUDGES: Hon. Patricia A. Delaney, P.J. Hon. William B. Hoffman, J. Hon. Earle E. Wise, Jr., J.

Case No. 17-COA-036

OPINION

CHARACTER OF PROCEEDING: Writ of Habeas Corpus

JUDGMENT: Dismissed

DATE OF JUDGMENT ENTRY: October 23, 2017

APPEARANCES:

For Petitioner For Respondent

ANDREW S. WICK NO APPEARANCE 23 East High Street Mount Gilead, Ohio 43338 Ashland County, 17-COA-036 2

Hoffman, J.

{¶1} Petitioner, Brandon Olmstead, has filed a petition for writ of habeas corpus

claiming Petitioner being held without bail is unreasonable.

{¶2} The caption of the petition is “In re: Brandon Olmstead.” Petitioner has not

named a respondent in the petition. A writ of habeas corpus will only lie against the

individual who is directly responsible for keeping the petitioner in custody. See also

Jackson v. State, 8th Dist. Cuyahoga App. No. 81007, 2002 WL 737495, (April 19, 2002)

(dismissal of petition for writ of habeas corpus appropriate when petitioner named the

state rather than the sheriff—his custodian as the respondent).

{¶3} Further, Petitioner has failed to attach any commitment papers as required.

Revised Code 2725.04(D) provides, “(D) A copy of the commitment or cause of detention

of such person shall be exhibited, if it can be procured without impairing the efficiency of

the remedy; or, if the imprisonment or detention is without legal authority, such fact must

appear.”

{¶4} A “[h]abeas corpus petitioner's failure to attach pertinent commitment

papers to his petition rendered petition fatally defective, and petitioner's subsequent

attachment of commitment papers to his post-judgment motion did not cure the defect.”

Boyd v. Money, 82 Ohio St.3d 388, 1998 -Ohio- 221, 696 N.E.2d 568.

{¶5} In the instant case, petitioner avers his bond was revoked. The judgment

entry revoking the bond would be essential to understanding this petition as would any

orders of detention if separate from the bond revocation judgment entry. Ashland County, 17-COA-036 3

{¶6} Because Petitioner has not named a respondent and because Petitioner

has failed to attach all necessary commitment papers, the petition is dismissed.

By: Hoffman, J.

Delaney, P.J. and

Wise, Earle, J. concur Ashland County, 17-COA-036 4