2021 Ohio 2336
Ohio Ct. App.2021Background
- Petitioner Pele K. Bradford is an OSP inmate who filed a habeas petition seeking immediate release on the ground his adult conviction was void because he was 17 at the time of the offense.
- In 2005 a Hamilton County jury convicted Bradford of aggravated murder, related weapon offenses, and imposed an aggregate 23-year prison term.
- Bradford pleaded guilty to escape in 2007 and has repeatedly litigated collateral attacks (he lists dozens of prior collateral actions).
- Bradford produced a U.S. Dept. of Education document reflecting a birth date that would make him 17 at the time of the offense; the respondent produced Bradford’s birth certificate showing he was 18.
- The writ of habeas corpus can be available when a defendant was mistakenly prosecuted as an adult; R.C. 2152.12(H) makes such prosecutions a nullity.
- The Seventh District found the birth certificate more credible, granted respondent’s motion for summary judgment, and dismissed the habeas petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bradford was a juvenile at the time of the offense so that his adult prosecution is void ab initio | Bradford: DOB document (Dept. of Education) shows he was 17 at the time of the offense, making the prosecution a nullity and habeas available | Bowen: Bradford’s birth certificate shows he was 18 at the time; prosecution valid | Court: Birth certificate is more reliable; Bradford was 18, so conviction not void |
| Whether summary judgment was appropriate on the habeas claim | Bradford: factual dispute about DOB precludes summary judgment | Bowen: no genuine issue of material fact; birth certificate conclusively establishes age | Court: No genuine dispute; granted summary judgment for respondent |
Key Cases Cited
- Smith v. May, 159 Ohio St.3d 106, 148 N.E.3d 542 (Ohio 2020) (habeas available when state prosecutes a juvenile in adult court by mistake)
- State ex rel. Pirman v. Money, 69 Ohio St.3d 591, 635 N.E.2d 26 (Ohio 1994) (extraordinary-writ principles and habeas availability)
- State ex rel. Parsons v. Fleming, 68 Ohio St.3d 509, 628 N.E.2d 1377 (Ohio 1994) (summary-judgment standard in writ proceedings)