[Cite as Steele v. Shobert, 2014-Ohio-219.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 100621
CHARLES M. STEELE
RELATOR
vs.
RONALD L. SHOBERT, WARDEN
RESPONDENT
JUDGMENT:
PETITION DISMISSED
Writ of Habeas Corpus
Motion No. 470139
Order No. 471389
RELEASE DATE: January 21, 2014
FOR RELATOR
Charles M. Steele, pro se
Inmate No. 0183340
P.O. Box 6600
Cleveland, Ohio 44101
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: Joseph J. Ricotta
Assistant County Prosecutor
The Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
FRANK D. CELEBREZZE, JR., J.:
{¶1} Charles M. Steele has filed a petition for a writ of habeas corpus. Steele
argues that he is being held illegally in the Cuyahoga County Jail by Warden Ronald L.
Shobert because the indictments, rendered in State v. Steele, Cuyahoga C.P. Case Nos.
CR-572269 and CR-575214, are procedurally defective and were untimely returned by
the Cuyahoga County Grand Jury after the statute of limitations applicable to the offenses
of rape and kidnaping had expired. Warden Shobert has filed a motion to dismiss and/or
motion for summary judgment. Upon consideration of the motion to dismiss, we dismiss
the petition for a writ of habeas corpus for the following reasons.
{¶2} Initially, we find that Steele’s petition for a writ of habeas corpus is
procedurally defective. Steele has failed to verify his petition with a sworn statement as
mandated by R.C. 2725.04. State ex rel. Austin v. Knab, 127 Ohio St.3d 118,
2010-Ohio-4982, 936 N.E.2d 956; Chari v. Vore, 91 Ohio St.3d 323, 2001-Ohio-49, 744
N.E.2d 763. Steele has also failed to support his petition with a sworn affidavit as
mandated by Loc.App.R. 45(B)(1)(a). State ex rel. Leon v. Cuyahoga Cty. Court of
Common Pleas, 123 Ohio St.3d 124, 2009-Ohio-4688, 914 N.E.2d 402; Boyd v. McGinty,
8th Dist. Cuyahoga No. 84476, 2004-Ohio-2704.
{¶3} In addition, a claim that the statute of limitations expired prior to indictment
cannot be addressed through a petition for a writ of habeas corpus, but must be raised
through a direct appeal. Jennings v. Jackson, 102 Ohio St.3d 164, 2004-Ohio-2052, 807
N.E.2d 361; Daniel v. State, 98 Ohio St.3d 467, 2003-Ohio-1916, 786 N.E.2d 891.
Finally, the claim of a defective indictment may not be addressed through an original
action and must be raised in a direct appeal. State ex rel. Bandarapalli v. Gallagher, 128
Ohio St.3d 314, 2011-Ohio-230, 943 N.E.2d 1020; State v. Wozniak, 172 Ohio St. 517,
178 N.E.2d 800 (1961). Thus, Steele has failed to state any cognizable claim that would
allow for this court to issue a writ of habeas corpus.
{¶4} Accordingly, we grant Warden Shobert’s motion to dismiss. Costs to Steele.
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).
{¶5} Petition dismissed.
FRANK D. CELEBREZZE, JR., JUDGE
MELODY J. STEWART, P.J., and
PATRICIA A. BLACKMON, J., CONCUR