State ex rel. Orr v. Bova

2014 Ohio 1525

Opinion

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