Panezich v. Green, 2016 Ohio 7948

Petitioner Clifton J. Panezich was indicted by a Mahoning County grand jury on 22 counts alleging a scheme selling counterfeit sports/entertainment memorabilia; several counts were first- and second-degree felonies.
Panezich, a Nevada resident at the time of indictment, requested bond and the trial court held bond hearings.
The trial court set bond at $500,000 after the initial hearing and again after a second hearing.
Panezich filed a petition for a writ of habeas corpus in this court arguing the bond was excessive and seeking expedited relief.
The State moved to dismiss the habeas petition on procedural grounds.
The court dismissed the petition because Panezich failed to file the affidavit required by R.C. 2969.25(A) describing prior civil actions, a mandatory statutory requirement for inmate-filed civil actions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether bond of $500,000 is excessive and subject to habeas relief	Panezich argued the bail was excessive and sought habeas relief to reverse/set aside bond	State defended the bond and moved to dismiss the petition on procedural grounds	Court did not reach the merits; habeas petition dismissed for noncompliance with statutory filing requirements
Whether failure to file the affidavit required by R.C. 2969.25(A) mandates dismissal of an inmate's civil action (including habeas)	Panezich did not file the required affidavit and offered no timely cure	State argued mandatory statutory compliance required dismissal	Court held R.C. 2969.25 is mandatory; failure to comply requires dismissal of the habeas petition

State ex rel. Hall v. Mohr, 17 N.E.3d 581 (Ohio 2014) (statutory requirements of R.C. 2969.25 are mandatory; failure to comply requires dismissal)
Fuqua v. Williams, 797 N.E.2d 982 (Ohio 2003) (habeas corpus is a civil action subject to R.C. 2969.21–2969.27)