Dailey v. Wainwright (Slip Opinion)
129 N.E.3d 444
| Ohio | 2019Background
- James Dailey, serving multiple Ohio prison terms since 1984, had his aggregate maximum sentence recalculated to expire in June 2023 after convictions in 2007.
- In September 2018 Dailey filed a habeas corpus petition claiming his maximum aggregate sentence had expired in June 2014.
- He attached selected commitment papers and a Bureau of Sentence Computation (BSC) sentence-computation summary to his petition.
- The warden moved to dismiss (or for summary judgment), arguing Dailey failed to attach all relevant commitment papers and that his claim was barred by res judicata.
- The Third District dismissed the petition for failure to comply with R.C. 2725.04(D) (requiring exhibition of commitment papers), and the Ohio Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dailey complied with R.C. 2725.04(D)’s requirement to exhibit commitment papers | Dailey contended he attached the relevant commitment papers and the BSC summary sufficed | Wainwright argued Dailey failed to attach all pertinent commitment and parole-revocation records, making the petition procedurally defective | Court held Dailey failed to comply with R.C. 2725.04(D); dismissal affirmed |
| Whether the BSC sentence-computation summary satisfies commitment-paper requirement | Dailey relied on the BSC summary as proof of calculations | Wainwright asserted the unverified BSC summary and partial records are insufficient | Court held the BSC summary does not substitute for complete, verified commitment papers |
| Whether res judicata barred Dailey’s claims (alternative ground) | Dailey disputed preclusion | Wainwright asserted claims were previously adjudicated | Court declined to reach res judicata because dismissal on procedural grounds was dispositive |
Key Cases Cited
- State ex rel. Cannon v. Mohr, 155 Ohio St.3d 213 (explaining petitioners must submit complete incarceration and release records to state a habeas claim)
- Bloss v. Rogers, 65 Ohio St.3d 145 (holding petitions that fail R.C. 2725.04(D) provide only bare allegations and are fatally defective)
- State ex rel. Winnick v. Gansheimer, 112 Ohio St.3d 149 (unverified prison update sheets or BSC summaries do not constitute appropriate commitment papers)
- State ex rel. Crigger v. Ohio Adult Parole Auth., 82 Ohio St.3d 270 (failure to attach all pertinent commitment papers, including parole-revocation records, warrants dismissal)