State ex rel. Orr v. Bova

2014 Ohio 1525

• Court: Ohio Court of Appeals
• Decided: April 4, 2014
• Docket: 101036
• Status: Published

Opinion

[Cite as State ex rel. Orr v. Bova, 2014-Ohio-1525.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 101036

STATE OF OHIO, EX REL. DARLLEL B. ORR

PETITIONER

vs.

FRANK BOVA, SHERIFF RESPONDENT

JUDGMENT: PETITION DISMISSED

Writ of Mandamus Motion No. 472895 Order No. 473458

RELEASE DATE: April 4, 2014 FOR PETITIONER

Darllel B. Orr, pro se Inmate No. 0206100 Cuyahoga County Jail P.O. Box 5600 Cleveland, Ohio 44101

ATTORNEYS FOR RESPONDENT

Timothy J. McGinty Cuyahoga County Prosecutor By: Mary H. McGrath Assistant County Prosecutor The Justice Center 1200 Ontario Street Cleveland, Ohio 44113 FRANK D. CELEBREZZE, JR., P.J.:

{¶1} Darllel B. Orr has filed a petition for a writ of habeas corpus. Orr alleges

that he is entitled to release from incarceration because “his current confinement is

unconstitutional pursuant [to] a patent lack of jurisdiction for failure to strickly [sic]

comport with O.R.C. 2945.05 [jury waiver].” We decline to issue a petition on behalf of

Orr.

{¶2} The Supreme Court of Ohio has established that a claim of a defective jury

waiver is not cognizable through a petition for a writ of habeas corpus and must be

addressed through a direct appeal. Bozsik v. Hudson, 110 Ohio St.3d 245,

2006-Ohio-4356, 852 N.E.2d 1200; Kelley v. Wilson, 103 Ohio St.3d 201,

2004-Ohio-4883, 814 N.E.2d 1222; State ex rel. Larkins v. Aurelius, 84 Ohio St.3d 112,

1998-Ohio-661, 702 N.E.2d 79.

{¶3} Accordingly, we grant the motion to dismiss filed by Frank Bova, Cuyahoga

County Sheriff. Costs to Orr. The court directs the clerk of court to serve all parties

with notice of this judgment and the date of entry upon the journal as required by Civ.R.

58(B).

{¶4} Petition dismissed.

FRANK D. CELEBREZZE, JR., PRESIDING JUDGE

KENNETH A. ROCCO, J., and MELODY J. STEWART, J., CONCUR