Cook v. State (Slip Opinion), 2016 Ohio 3415

In 1997 Tony D. Cook pleaded guilty to gross sexual imposition, was sentenced to 18 months, and was adjudicated a sexual predator; the Ohio Supreme Court previously upheld that classification.
Cook served his prison term and was released, but remained subject to sex-offender registration/reporting duties.
In April 2015 Cook filed a habeas corpus petition in the Third District Court of Appeals seeking to strike his reclassification under Megan’s Law/Adam Walsh Act.
The State moved to dismiss, arguing lack of jurisdiction because Cook was not in custody in Allen County.
The court of appeals dismissed Cook’s petition for three independent reasons: he was not restrained of his liberty; he failed to attach commitment papers as required by R.C. 2725.04(D); and the petition did not explain why the State of Ohio was named as a party.
The Ohio Supreme Court affirmed, holding Cook was ineligible for habeas relief and noting additional procedural defects and available alternative remedies.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Cook was "restrained of his liberty" for habeas corpus	Cook challenged his sex-offender reclassification and sought habeas relief	State: Cook was released and not physically confined; habeas requires custody	Held: Not in custody; habeas unavailable for registration challenge
Whether failure to attach commitment papers bars the petition	Cook did not attach commitment papers	State: R.C. 2725.04(D) requires attachment; noncompliance fatal	Held: Dismissal appropriate for failure to attach commitment papers
Whether habeas may remedy nonjurisdictional errors in reclassification	Cook argued reclassification under Megan's Law/AWA was unlawful	State: Errors are nonjurisdictional and other remedies exist	Held: Habeas not appropriate for nonjurisdictional error when other remedies exist
Whether the petition adequately named parties	Cook did not explain naming of "State of Ohio"	State: Petition lacked allegation showing why State was named	Held: Defect supported dismissal (one of multiple independent bases)

State v. Cook, 83 Ohio St.3d 404, 700 N.E.2d 570 (1998) (upholding initial sexual-predator classification)
Larsen v. State, 92 Ohio St.3d 69, 748 N.E.2d 72 (2001) (habeas requires unlawful restraint of liberty)
State ex rel. Smirnoff v. Greene, 84 Ohio St.3d 165, 702 N.E.2d 423 (1998) (registration challenge does not equate to custody)
State ex rel. Al'shahid v. Cook, 144 Ohio St.3d 15, 40 N.E.3d 1073 (2015) (failure to attach commitment papers is fatal)
Appenzeller v. Miller, 136 Ohio St.3d 378, 996 N.E.2d 919 (2013) (habeas limited to jurisdictional errors or where no adequate remedy at law)
State ex rel. O'Neal v. Bunting, 140 Ohio St.3d 339, 18 N.E.3d 430 (2014) (extraordinary relief not available when adequate remedies were invoked)
Childers v. Wingard, 83 Ohio St.3d 427, 700 N.E.2d 588 (1998) (principle barring relitigation via extraordinary writs)