Travis v. Trumbull Cty. Sheriff
2017 Ohio 8948
| Ohio Ct. App. | 2017Background
- Petitioner Harold Travis is detained in Trumbull County on an indictment in Case No. 2015 CR 00161 charging felonious assault, two counts of kidnapping, extortion, and weapons-under-disability; bond had been set and later revoked in March 2017.
- Travis filed a petition for a writ of habeas corpus in the Eleventh District against the Trumbull County Sheriff asserting his incarceration violates his religious rights and that bail is excessive or that he should be released on bail.
- The sheriff/respondent did not file an answer or motion to dismiss the habeas petition.
- The trial-court docket and warrant issuance for bond revocation are judicially noticeable.
- The court found Travis failed to plead the "extraordinary circumstances" required for habeas relief and failed to comply with statutory pleading requirements (failure to attach commitment papers and the R.C. 2969.25 affidavit).
- The court dismissed the habeas petition sua sponte for substantive and procedural deficiencies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether incarceration violates petitioner’s religious rights, warranting habeas release | Travis alleges his religious rights are being violated by his current incarceration | Implicit: detention follows trial-court order after bond revocation; no relief available via habeas absent extraordinary circumstances | Dismissed — Travis failed to articulate particularized extraordinary circumstances showing unlawful restraint or entitlement to immediate release |
| Whether bail is excessive / petitioner entitled to bail | Travis contends he should be granted bail or current bail is excessive | Implicit: bond was set and later revoked by trial court based on state’s motion; habeas is not the proper remedy to re-litigate bond decisions | Dismissed — habeas unavailable to challenge nonjurisdictional bond revocation when other remedies exist |
| Whether procedural defects require dismissal (commitment papers and civil-action affidavit) | Travis did not attach required documents | Respondent did not answer, but statutory requirements apply regardless | Dismissed — petition fails R.C. 2725.04(D) (no commitment papers) and R.C. 2969.25(A) (no affidavit) — dismissal required |
Key Cases Cited
- State ex rel. Jackson v. McFaul, 73 Ohio St.3d 185 (Ohio 1995) (habeas available only in extraordinary circumstances and where no adequate legal remedy exists)
- State ex rel. Pirman v. Money, 69 Ohio St.3d 591 (Ohio 1994) (same limitation on habeas relief)
- Pewitt v. Lorain Corr. Inst., 64 Ohio St.3d 470 (Ohio 1992) (habeas requires entitlement to immediate release)
- McBroom v. Russell, 77 Ohio St.3d 47 (Ohio 1996) (petitioner must plead extraordinary circumstances with particularity)
- State ex rel. Arroyo v. ... , 142 Ohio St.3d 541 (Ohio 2015) (failure to attach commitment papers and to comply with R.C. 2969.25 mandates dismissal)