Bradley v. Hooks
2017 Ohio 4105
| Ohio Ct. App. | 2017Background
- Larry Wayne Bradley, pro se, filed a habeas corpus petition in Ross County alleging he was unlawfully confined based on convictions in Scioto and Jackson Counties and claiming jurisdictional defects and identity confusion with a deceased twin "Larry W. Bradley."
- Bradley attached a sworn affidavit but failed to include commitment papers, the required inmate affidavit of prior civil filings, and a cashier-certified six-month account statement.
- The warden, Mark Hooks, moved to dismiss under Civ.R. 12(B)(6) citing procedural defects and that Bradley’s maximum sentence had not expired.
- The trial court granted the motion, dismissing the habeas petition for failure to attach commitment papers and other statutory affidavits and rejecting Bradley’s subject-matter-jurisdiction claim.
- The appellate court took judicial notice of DOC records and a prior appellate decision confirming Bradley pleaded guilty in Scioto County to aggravated robbery and was serving a term extending beyond the appeal date.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of habeas filing formalities (commitment papers) | Bradley argued he should be released; did not supply commitment papers | Hooks argued R.C. 2725.04 requires commitment papers and absence is fatal | Court held petition fatally defective for failing to attach commitment papers and dismissed |
| Compliance with R.C. 2969.25 (inmate filing affidavits and account certification) | Bradley filed an indigency affidavit but not the certified six-month account or list of prior actions | Hooks argued statutory affidavit and certified account required for in forma pauperis relief and filing | Court held noncompliance required dismissal of petition |
| Availability of habeas to challenge guilt or sufficiency of evidence | Bradley contended identity with a deceased twin and insufficiency of evidence | Hooks argued those claims are cognizable on direct appeal, not habeas | Court held habeas is unavailable to relitigate sufficiency/identity where direct appeal remedy exists |
| Subject-matter jurisdiction of Jackson and Scioto Common Pleas | Bradley contended those courts lacked jurisdiction over his cases | Hooks and record showed indictments and guilty pleas in common pleas courts invoke their jurisdiction | Court held no credible basis to deny jurisdiction; convictions stand |
Key Cases Cited
- Boles v. Knab, 130 Ohio St.3d 339 (2011) (dismissal under Civ.R. 12(B)(6) may be appropriate in habeas where petitioner cannot obtain requested extraordinary relief)
- Tucker v. McAninch, 82 Ohio St.3d 423 (1998) (failure to attach pertinent commitment papers to habeas petition is fatal)
- Fuqua v. Williams, 100 Ohio St.3d 211 (2003) (inmate must comply with R.C. 2969.25 affidavit requirements)
- Lynch v. Wilson, 114 Ohio St.3d 118 (2007) (habeas corpus not available to challenge sufficiency of the evidence)
- State ex rel. McGrath v. McDonnell, 126 Ohio St.3d 511 (2010) (requirements for certified inmate account statement for indigency determinations)