State ex rel. Austin v. Knab

Ohio Supreme Court

State ex rel. Austin v. Knab

2010 Ohio 4982, 936 N.E.2d 958, 127 Ohio St. 3d 118

CourtOhio Supreme Court

DecidedOctober 19, 2010

Docket2010-1096

StatusPublished

Cited by3 cases

This text of 2010 Ohio 4982 (State ex rel. Austin v. Knab) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Austin v. Knab, 2010 Ohio 4982, 936 N.E.2d 958, 127 Ohio St. 3d 118 (Ohio 2010).

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Opinion

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Raymond Dean Austin, for a writ of habeas corpus to compel his release from prison. Austin’s petition was fatally defective and subject to dismissal because he failed to comply with the verification requirement of R.C. 2725.04. Hughley v. Saunders, 123 Ohio St.3d 90, 2009-Ohio-4089, 914 N.E.2d 370, ¶ 1. Although Austin’s petition contains several notarizations, there is no notarized statement in which he expressly swears to the truth of the allegations in the eight “grounds” listed in his petition. Id.; Chari v. Vore (2001), 91 Ohio St.3d 323, 327-328, 744 N.E.2d 763. Moreover, even if his petition were not fatally defective, he failed to state any meritorious claims that would warrant issuance of the requested extraordinary relief in habeas corpus. See, e.g., Turner v. Brunsman, 123 Ohio St.3d 445, 2009-Ohio-5588, 917 N.E.2d 269, ¶ 1 *119 (claim of nonjurisdictional sentencing errors is not cognizable in habeas corpus); State ex rel. White v. Ohio Adult Parole Auth., 98 Ohio St.3d 290, 2003-Ohio-773, 783 N.E.2d 900, ¶ 3 (no inherent or constitutional right to be released before expiration of prison sentence).

Raymond Dean Austin, pro se. Richard Cordray, Attorney General, and William H. Lamb, Assistant Attorney General, for appellee.

Judgment affirmed.

Brown, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.

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Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Raymond Dean Austin, for a writ of habeas corpus to compel his release from prison. Austin’s petition was fatally defective and subject to dismissal because he failed to comply with the verification requirement of R.C. 2725.04. Hughley v. Saunders, 123 Ohio St.3d 90, 2009-Ohio-4089, 914 N.E.2d 370, ¶ 1. Although Austin’s petition contains several notarizations, there is no notarized statement in which he expressly swears to the truth of the allegations in the eight “grounds” listed in his petition. Id.; Chari v. Vore (2001), 91 Ohio St.3d 323, 327-328, 744 N.E.2d 763. Moreover, even if his petition were not fatally defective, he failed to state any meritorious claims that would warrant issuance of the requested extraordinary relief in habeas corpus. See, e.g., Turner v. Brunsman, 123 Ohio St.3d 445, 2009-Ohio-5588, 917 N.E.2d 269, ¶ 1 *119 (claim of nonjurisdictional sentencing errors is not cognizable in habeas corpus); State ex rel. White v. Ohio Adult Parole Auth., 98 Ohio St.3d 290, 2003-Ohio-773, 783 N.E.2d 900, ¶ 3 (no inherent or constitutional right to be released before expiration of prison sentence).

Raymond Dean Austin, pro se. Richard Cordray, Attorney General, and William H. Lamb, Assistant Attorney General, for appellee.

Judgment affirmed.

Brown, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.

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Bluebook (online)

2010 Ohio 4982, 936 N.E.2d 958, 127 Ohio St. 3d 118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-austin-v-knab-ohio-2010.

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