State ex rel. Walker v. Sloan (Slip Opinion)
147 Ohio St. 3d 353
| Ohio | 2016Background
- In 1983 Michael Angelo Walker was convicted of aggravated murder (with specifications), aggravated burglary, two counts of aggravated robbery, and two counts of felonious assault; sentence: 64–105 years and/or life. Convictions affirmed on direct appeal.
- Walker repeatedly filed postconviction motions and extraordinary-writ petitions challenging his 1983 conviction; prior petitions were denied, including a 2015 denial of mandamus seeking a new sentencing hearing.
- In the present habeas petition Walker alleged he was being held unlawfully because there is no record of a jury verdict on September 10, 1983, and the respondent (warden) could not produce certified written verdicts.
- The warden moved to dismiss; the Eleventh District Court of Appeals granted dismissal.
- The Ohio Supreme Court affirmed for three independent reasons: (1) the journal entry records a jury verdict and Walker’s submitted transcripts do not disprove it (jurisdiction claim lacks merit); (2) Walker has adequate remedies at law (direct appeal and postconviction relief); and (3) Walker failed to comply with R.C. 2969.25(A) filing requirements, which mandates dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court lacked jurisdiction because no jury verdict was recorded | Walker: No record/transcript shows a jury verdict on Sept. 10, 1983, so conviction is void | Warden: Journal entry records a jury verdict; submitted transcript pages do not negate the entry | Held: Jurisdiction argument lacks merit; journal entry establishes conviction |
| Whether habeas is available given alternative remedies | Walker: Habeas appropriate to challenge unlawful detention | Warden: Habeas is extraordinary; Walker has adequate remedies (direct appeal, postconviction) | Held: Habeas improper because adequate remedies at law exist |
| Whether petition must be dismissed for failure to comply with R.C. 2969.25(A) affidavit requirement | Walker: Submitted an affidavit describing some civil actions | Warden: Affidavit incomplete; statute requires listing each civil action/appeal in prior five years | Held: Petition dismissed for failure to comply with R.C. 2969.25(A) (mandatory dismissal) |
Key Cases Cited
- State ex rel. Walker v. State, 142 Ohio St.3d 365 (Ohio 2015) (prior denial of mandamus regarding sentencing/merger)
- State ex rel. Jackson v. McFaul, 73 Ohio St.3d 185 (Ohio 1995) (habeas unavailable when adequate remedy at law exists)
- Luchene v. Wagner, 12 Ohio St.3d 37 (Ohio 1984) (extraordinary writs not available if adequate legal remedy exists)
- Boles v. Knab, 129 Ohio St.3d 222 (Ohio 2011) (R.C. 2969.25 requirements are mandatory; failure to comply warrants dismissal)
- State ex rel. White v. Bechtel, 99 Ohio St.3d 11 (Ohio 2003) (same rule on R.C. 2969.25 compliance)