Travis v. Trumbull Cty. Sheriff
2017 Ohio 8947
Ohio Ct. App. 9th2017Background
- Harold Travis was indicted in Trumbull C.P. No. 2016 CR 00580 for felonious assault, kidnapping, and abduction.
- Warren Municipal Court had previously set bond at $50,000; the trial court later continued and then revoked that bond, and a warrant issued.
- Travis filed a pro se petition for a writ of habeas corpus claiming religious-rights violations and that bail is excessive.
- The petition failed to attach the commitment papers (R.C. 2725.04(D)) and did not include the required affidavit of prior civil filings (R.C. 2969.25(A)).
- The court dismissed the petition sua sponte for failure to plead extraordinary circumstances entitling him to habeas relief and for noncompliance with statutory filing requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Availability of habeas relief for alleged religious-rights violation while awaiting trial | Travis: incarceration violates his religious rights and warrants habeas relief or release on bail | Sheriff: (no answer filed; court relied on established law that habeas is extraordinary and requires entitlement to immediate release) | Dismissed — petitioner failed to plead particularized extraordinary circumstances showing entitlement to immediate release |
| Sufficiency of petition under statutory filing requirements | Travis: attached indictment; argued merits of bail/religious claims | Respondent/State: petitioner must comply with R.C. filing rules; indictment alone is insufficient and required affidavits were missing | Dismissed — petition did not attach commitment papers and failed to include required affidavit of prior filings, so dismissal appropriate |
Key Cases Cited
- State ex rel. Jackson v. McFaul, 73 Ohio St.3d 185 (habeas lies only where petitioner entitled to immediate release and no adequate remedy exists)
- Pewitt v. Lorain Corr. Inst., 64 Ohio St.3d 470 (habeas requires entitlement to immediate release)
- McBroom v. Russell, 77 Ohio St.3d 47 (petition must state with particularity extraordinary circumstances entitling petitioner to relief)
- State ex rel. Arroyo v. Cadogan, 142 Ohio St.3d 541 (indictment alone insufficient to show how commitment was procured; must attach commitment papers)
- State ex rel. Pirman v. Money, 69 Ohio St.3d 591 (habeas is extraordinary and available only where no adequate legal remedy exists)