State v. Dunning, Unpublished Decision (3-16-1999)
State v. Dunning, Unpublished Decision (3-16-1999)
Opinion of the Court
OPINION
John Mancini, petitioner, has filed a petition for a writ of habeas corpus against respondent, Judge Mary Dunning of the Parma Municipal Court. Petitioner claims (1) respondent was without jurisdiction to sentence him because he never voluntarily waived his right to counsel, and (2) respondent imposed excessive postconviction bail. For the following reasons we dismiss the petition sua sponte.A review of the petition indicates that petitioner has failed to comply with the requirements of R.C.
In addition, petitioner did not name the person maintaining custody over him and has failed to provide this court with a detailed affidavit in support of his petition as required by Loc.App.R. 45(B)(1)(a). Again, dismissal is warranted. Stateex rel. Rolling v. State of Ohio (Dec. 21, 1998), Cuyahoga App. No. 75696, unreported.
Finally, a writ of habeas corpus will not be allowed if it appears that a petitioner is being held pursuant to the judgment of a court possessing jurisdiction to render such a judgment. R.C.
Case dismissed. Costs to petitioner.
MICHAEL J. CORRIGAN
TIMOTHY E. McMONAGLE, P.J., AND BLACKMON, J., CONCUR.
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