Thomas v. Tibbals

2012 Ohio 1904

• Court: Ohio Court of Appeals
• Decided: April 20, 2012
• Docket: 11CA119
• Status: Published

Opinion

[Cite as Thomas v. Tibbals, 2012-Ohio-1904.]

IN THE COURT OF APPEALS FOR RICHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT

GARY THOMAS : JUDGES: : Hon. Patricia A. Delaney, P.J. Petitioner : Hon. Sheila G. Farmer, J. : Hon. John W. Wise, J. -vs- : : CASE NO. 11CA119 TERRY TIBBALS, WARDEN : : : OPINION Respondent :

CHARACTER OF PROCEEDING: Writ of Habeas Corpus

JUDGMENT: Dismissed

DATE OF JUDGMENT ENTRY: April 20, 2012

APPEARANCES:

For Petitioner: For Respondent:

Gary Thomas-A-601-988 No Appearance Mansfield Correctional Camp 1150 N. Main Street Mansfield, Ohio 44901 Richland County, Case No. 11CA119 1

Delaney, P.J.

{¶1} Petitioner, Gary Thomas, has filed an “Original Action in Habeas Corpus”

as well as a Motion for Default Judgment. Petitioner alleges a writ of habeas

corpus should be granted to release Petitioner from prison because Petitioner

has not received proper jail time credit.

{¶2} According to the petition, Petitioner was sentenced to a term of

incarceration in Cuyahoga County Common Pleas Case Number CR 08-507478.

The conviction in that case was overturned by the Eighth District Court of

Appeals. Petitioner was subsequently indicted in Cuyahoga County Common

Pleas Case Number CR 10-545714. It is Petitioner’s position he should be

released because he should have been given jail time credit in Case Number 10-

545714 for the time served in Case Number 08-507478.

{¶3} The Supreme Court has held habeas corpus does not lie to challenge jail

time credit, “[Petitioner] had an adequate remedy by appeal to raise any error by

the trial court in calculating his jail-time credit. State ex rel. Rudolph v. Horton,

119 Ohio St.3d 350, 2008-Ohio-4476, 894 N.E.2d 49, ¶ 3.” Hughley v.

Saunders, 123 Ohio St.3d 446, 2009-Ohio-5585, 917 N.E.2d 270, ¶ I. Richland County, Case No. 11CA119 2

{¶4} Because habeas corpus does not lie to challenge the trial court’s

failure to grant jail time credit, the petition is dismissed for failure to state a

claim upon which relief may be granted.

By: Delaney, P.J. Farmer, J. and Wise, J. concur

____________________________ HON. PATRICIA A. DELANEY

____________________________ HON. SHEILA G. FARMER

____________________________ HON. JOHN W. WISE IN THE COURT OF APPEALS FOR RICHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT

GARY THOMAS : CASE NO. 11CA119 : Petitioner : : -vs- : JUDGMENT ENTRY : TERRY TIBBALS, WARDEN : : : Respondent :

For the reasons stated in our accompanying Memorandum-Opinion, this

cause is dismissed.

Costs taxed to Petitioner.

______________________________ HON. PATRICIA A. DELANEY

______________________________ HON. SHEILA G. FARMER

______________________________ HON. JOHN W. WISE