Dennis v. Morgan, Unpublished Decision (5-8-2002)
Dennis v. Morgan, Unpublished Decision (5-8-2002)
Opinion of the Court
OPINION
Petitioner-appellant Jon L. Dennis ("Dennis") brings this appeal from the judgment of the Court of Common Pleas of Marion County granting the State's motion to dismiss Dennis's petition for habeas corpus relief.On May 20, 1999, Dennis entered a guilty plea to one count of rape in violation of R.C.
Dennis's appellate brief apparently raises the following assignments of error. Dennis claims that the trial court erred in granting the motion to dismiss because the State did not file a timely response to his petition. Dennis next claims that the trial court erred in applying R.C. 2996.25 to petitions for habeas corpus. Finally, Dennis claims that his conviction was improper because the complaint and information lack an essential element, the State used a felony information rather than an indictment, and the journal entry has the wrong heading.
Dennis's first complaint is that the State did not file a timely response to his petition for habeas corpus relief. Service was perfected on the State on June 29, 2001. The State filed it's motion to dismiss the petition on July 12, 2001. On July 17, 2001, the trial court ordered that Dennis file his memorandum contra to the motion to dismiss by August 10, 2001, and that the State file any reply by August 24, 2001. The State did not file its reply until August 30, 2001. Dennis, however, does not set forth any reasons as to why this is prejudicial. We find that the trial court has the inherent authority to control its docket. This includes the authority to grant time extensions for filings with or without motion. Absent a showing of prejudice we do not find that the trial court abused its authority. Thus, the first assignment of error is overruled.
Habeas corpus petitions may only be granted for nonjurisdictional claims if the petitioner has no adequate remedy at law. State ex rel.Massie v. Rogers (1997),
The judgment of the Court of Common Pleas of Marion County is affirmed.
Judgment affirmed.
HADLEY and WALTERS, JJ., concur.
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