[Cite as Curley v. Marquis, 2017-Ohio-700.]
COURT OF APPEALS
RICHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
RICHARD L. CURLEY : JUDGES:
: Hon. W. Scott Gwin, P.J.
Petitioner : Hon. Earle E. Wise, J.
: Hon. Craig R. Baldwin, J.
-vs- :
:
WARDEN DAVID MARQUIS : Case No. 16CA65
:
Respondent : OPINION
CHARACTER OF PROCEEDING: Writ of Habeas Corpus
JUDGMENT: Dismissed
DATE OF JUDGMENT: February 24, 2017
APPEARANCES:
For Petitioner For Respondent
RICHARD L. CURLEY, pro se STEPHANIE L. WATSON
P.O. Box 8107 Principal Assistant Attorney General
Mansfield, Ohio 44901 Criminal Justice Section
150 East Gay Street, 16th Floor
Columbus, Ohio 43215-6001
«Court» County, Case No. «Case_No» 2
Baldwin, J.
{¶1} Petitioner, Richard L. Curley, has filed a Petition for State Writ of Habeas
Corpus arguing he is entitled to release from prison because the trial court lacked subject
matter jurisdiction over Petitioner and Petitioner’s case. Respondent has filed a motion
to dismiss for failure to state a claim upon which relief may be granted.
{¶2} On February 21, 2001, Petitioner was convicted in the Summit County Court
of Common Pleas of seven counts of burglary. He was sentenced to three years in prison
on each count which were ordered to be served consecutive to one another for a total
term of incarceration of 21 years.
{¶3} R.C. 2725.01 provides that “[w]hoever is unlawfully restrained of his liberty,
or entitled to the custody of another, of which custody such person is unlawfully deprived,
may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment,
restraint, or deprivation.”
{¶4} Petitioner argues the trial court lacked jurisdiction because no complaint
was filed prior to his initial appearance and because the indictment was invalid.
{¶5} The Supreme Court has held, “Habeas corpus is not available to challenge
any defect “ ‘caused by the alleged failure to file criminal complaints or the claimed
impropriety of the [trial] court's assumption of jurisdiction over [criminal] charges.’ ” Harris
v. Bagley, 97 Ohio St.3d 98, 2002-Ohio-5369, 776 N.E.2d 490, ¶ 3, quoting Taylor v.
Mitchell, 88 Ohio St.3d 453, 454, 727 N.E.2d 905 (2000). “ ‘The manner by which an
accused is charged with a crime is procedural rather than jurisdictional, and after a
conviction for crimes charged in an indictment, the judgment binds the defendant for the
crime for which he was convicted.’ ” State ex rel. Nelson v. Griffin, 103 Ohio St.3d 167,
«Court» County, Case No. «Case_No» 3
2004-Ohio-4754, 814 N.E.2d 866, ¶ 6, quoting Orr v. Mack, 83 Ohio St.3d 429, 430, 700
N.E.2d 590 (1998).” State ex rel. Rackley v. Sloan, 2016-Ohio-3416, ¶ 6.
{¶6} An alleged failure to file a complaint is not an available basis to obtain
habeas corpus relief.
{¶7} Further, with regard to Petitioner’s challenge to his indictment, the Supreme
Court has held, “[H]abeas corpus is not an appropriate means to challenge the validity of
an indictment; that may be done only on direct appeal. State ex rel. Arroyo v. Sloan, 142
Ohio St.3d 541, 2015-Ohio-2081, 33 N.E.3d 56, ¶ 5; State ex rel. Hadlock v. McMackin,
61 Ohio St.3d 433, 434, 575 N.E.2d 184 (1991) (“A defendant may challenge the
sufficiency of the indictment only by a direct appeal, and not through habeas corpus”).”
Robinson v. LaRose, 147 Ohio St.3d 473, 2016-Ohio-7647, ¶ 7 (2016).
{¶8} Because habeas corpus relief in not available to challenge a complaint, or
lack thereof, or to challenge a defect in an indictment, the requested writ cannot
issue. For these reasons, the motion to dismiss is granted.
By: Baldwin, J.
Gwin, P.J. and
Wise, Earle, J. concur.
HON. CRAIG R. BALDWIN
HON. W. SCOTT GWIN
HON. EARLE E. WISE, JR.,
CRB/as
[Cite as Curley v. Marquis, 2017-Ohio-700.]
IN THE COURT OF APPEALS FOR RICHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
RICHARD L. CURLEY :
:
Petitioner :
:
-vs- : JUDGMENT ENTRY
:
WARDEN DAVID MARQUIS :
:
Respondent : CASE NO. 16CA65
For the reasons stated in our accompanying Memorandum-Opinion, the complaint
is dismissed. Costs are assessed to petitioner.
HON. CRAIG R. BALDWIN
HON. W. SCOTT GWIN
HON. EARLE E. WISE, JR.