Hughley v. Saunders, 09 Ca 6 (3-6-2009)
Hughley v. Saunders, 09 Ca 6 (3-6-2009)
Opinion of the Court
{¶ 2} A review of the Petition reveals Petitioner has failed to attach the necessary commitment papers in compliance with R.C.
{¶ 3} "(D) A copy of the commitment or cause of detention of such person shall be exhibited, if it can be procured without impairing the efficiency of the remedy; or, if the imprisonment or detention is without legal authority, such fact must appear."
{¶ 4} There are two attachments contained in the Petition which are relevant to our review of the commitment papers: (1) a single sentencing entry from Cuyahoga County and (2) an affidavit stating Petitioner was unable to procure the necessary commitment papers.
{¶ 5} The sentencing entry attached to the Petition is from Cuyahoga County Case Number CR-05-462014A, however, the entry references two other case numbers.
{¶ 6} In a case similar to the case at bar, the Supreme Court held, "The nunc pro tune entry attached to [the] petition references sentences in nine different criminal cases which were not attached to the petition. Although [the] claim is primarily based on the nunc protune entry, the court of appeals did not err in holding that the other judgments referred to in that entry *175 were pertinent and that it was impossible to have a complete understanding of [the] claim without them.Bloss v. Rogers (1992),
{¶ 7} The affidavit attached to the Petition states, "I, Petitioner, Kevin Hughley, states (sic) Record Office will not give Commitment papers/forms. This verification can't be procured without impairing the efficiency of the remedy. The fact the writ is against respondent it's impossible to procure." This self-serving affidavit does not contain sufficient specific facts to avoid dismissal. Goudlock v. Voorhies
(2008),
{¶ 8} The Supreme Court has held failure to comply with the requirement of attaching all pertinent commitment papers is a fatal defect which cannot be cured.
{¶ 9} "[Commitment papers are necessary for a complete understanding of the petition. Without them, the petition is fatally defective. When a petition is presented to a court that does not comply with R.C.
{¶ 10} We likewise find the failure to include all pertinent entries has made a complete understanding of the Petition impossible.
{¶ 11} For this reason, Petitioner's request for Writ of Habeas Corpus is dismissed.
Edwards, J., Gwin, P.J. and Wise, J. concur
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