[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