Al'shahid v. Cook
144 Ohio St. 3d 15
| Ohio | 2015Background
- Al’shahid was convicted of multiple felonies in 1990 and paroled in 2004.
- He committed three new offenses on parole and received a new nine-year term on December 28, 2005.
- In January 2006 he was incarcerated; he claims he was part of Kellogg v. Shoemaker class entitled to a Kellogg consent decree hearing.
- He signed a Kellogg waiver on January 13, 2006 but alleges it was obtained under false pretenses.
- The parole board later continued his sentence for three years without a Kellogg hearing and without revoking parole on the 1990 offenses, per his claim.
- Al’shahid filed a habeas petition on June 19, 2014; the warden moved for summary judgment on July 25, 2014.
- The court of appeals dismissed the petition; Al’shahid appealed to the Ohio Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal for facial defects was proper | Al’shahid argues Civ.R. 12(B)(6) cannot be used when only a Civ.R. 56 motion was filed. | Cook contends the petition was facially invalid and properly dismissible under Crigger. | Dismissal for facial defects affirmed. |
| Failure to attach commitment papers | Al’shahid alleges attachment of all commitment papers was not required for efficacy. | McCuller and related cases require commitment papers to calculate maximum term; failure is fatal. | Defect in failing to attach commitment papers sustained. |
| Indigent status documentation | Al’shahid argues the indigency affidavit should cure defects. | RC 2969.25(C) mandatory; improper filing cannot be cured by later submission. | Indigency documentation defect fatal; complaint dismissed. |
Key Cases Cited
- State ex rel. Crigger v. Ohio Adult Parole Auth., 82 Ohio St.3d 270 (1998) (sua sponte dismissal permissible for facially invalid petition)
- State ex rel. McCuller v. Callahan, 98 Ohio St.3d 307 (2003-Ohio-858) (attachment of commitment papers required)
- State ex rel. Johnson v. Ohio Dept. of Rehab. & Corr., 95 Ohio St.3d 70 (2002) (need for attached commitment records to compute max term)
- Malone v. Lane, 96 Ohio St.3d 415 (2002-Ohio-4908) (binding requirements for petition formatting/recitals)
- Chari v. Vore, 91 Ohio St.3d 323 (2001) (procedural deficiencies in petitions)
- Hazel v. Knab, 130 Ohio St.3d 22 (2011-Ohio-4608) (R.C. 2969.25(C) mandatory; dismissal for noncompliance)
- Fuqua v. Williams, 100 Ohio St.3d 211 (2003-Ohio-5533) (later filing of indigency statement does not cure defect)