State ex rel. Hale v. Spatny

2024 Ohio 5146

Opinion

[Cite as State ex rel. Hale v. Spatny, 2024-Ohio-5146.]

STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF LORAIN )

STATE OF OHIO EX REL. JOSHUA E. HALE C.A. No. 24CA012133 Petitioner

v. ORIGINAL ACTION IN JERRY SPATNY, WARDEN HABEAS CORPUS

Respondent

Dated: October 28, 2024

PER CURIAM.

{¶1} Petitioner Joshua E. Hale has filed a petition for writ of habeas corpus asking this

Court to order Respondent Jerry Spatny, Warden of Grafton Correctional Institution, to release

him from prison. Respondent has moved to dismiss arguing, among other things, that the petition

is not verified. Mr. Hale has not responded to the motion to dismiss. Because Mr. Hale failed to

verify his petition, as required by R.C. 2725.04, this case must be dismissed.

{¶2} R.C. 2725.04 imposes requirements on a petition for habeas corpus, including, for

example, that the commitment papers be attached and that the petition be verified. The Supreme

Court has held that a petition filed without verification must be dismissed. Chari v. Vore, 91 Ohio

St.3d 323, 328 (2001). “Verification” means a “formal declaration made in the presence of an

authorized officer, such as a notary public, by which one swears to the truth of the statements in

the document.” Id. at 327. To meet the verification requirement, Mr. Hale must have expressly

sworn to the truth of the facts contained in the petition. Id. at 328. C.A. No. 24CA012133 Page 2 of 2

{¶3} Mr. Hale signed his petition. He also signed a page titled “VERIFICATION” which

included the following statement:

I declare and verify under penalty of perjury under the laws of Ohio and of the United States of America that the foregoing is true and correct.

{¶4} Although Mr. Hale signed below this declaration, that was not sufficient to comply

with the verification requirement of R.C. 2725.04. “To be properly verified, a declaration must be

sworn in the presence of an authorized officer, such as a notary public.” State ex rel. Foster v.

Foley, 2022-Ohio-3168, ¶ 12. A purported verification that is not notarized does not comply with

the statute’s verification requirement. Hawkins v. S. Ohio Correctional Facility, 2004-Ohio-2893,

¶ 4. Because the petition is not verified as required by R.C. 2725.04, it is defective and must be

dismissed.

{¶5} Mr. Hale’s petition for writ of habeas corpus did not comply with the requirements

of R.C. 2725.04. Accordingly, this case is dismissed.

{¶6} Costs are taxed to Mr. Hale. The clerk of courts is hereby directed to serve upon

all parties not in default notice of this judgment and its date of entry upon the journal. See Civ.R.

58.

BETTY SUTTON FOR THE COURT

HENSAL, J. FLAGG LANZINGER, J. CONCUR.

APPEARANCES:

JOSHUA E. HALE, Pro se, Petitioner.

DAVE YOST, Attorney General, and JERRI L. FOSNAUGHT, Assistant Attorney General, for Respondent.