Westerfield v. Bracy, 2023 Ohio 499

Westerfield was charged in consolidated 2017 indictments; acquitted of several charges but convicted of the lesser included offense of burglary and sentenced to seven years; the conviction was affirmed on direct appeal.
In Feb. 2022 he filed a state-court petition for a writ of habeas corpus seeking immediate release, arguing the jury verdict forms were unsigned and thus his burglary conviction was void.
Warden Bracy moved to dismiss under Civ.R. 12(B)(6), arguing the R.C. 2969.25(A) affidavit was deficient and the claim was not cognizable in habeas.
The Eleventh District dismissed the petition, holding the verdict-form challenge could have been raised on direct appeal and deemed the affidavit issue moot.
The Supreme Court of Ohio reviewed the case and affirmed the dismissal on an alternative ground: Westerfield’s R.C. 2969.25(A) affidavit was deficient for failing to name parties and outcomes and for omitting two federal habeas actions he had filed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Compliance with R.C. 2969.25(A) affidavit	Westerfield listed two actions; asked for lenity on omissions	Bracy: affidavit fails to list parties/outcomes and omitted prior actions	Affidavit was deficient; strict compliance required; petition subject to dismissal
Must voluntarily dismissed prior actions be listed?	Westerfield: omitted voluntarily dismissed cases and thought they need not be listed	Bracy: all prior civil actions and appeals in past five years must be listed regardless of dismissal	Must list all prior actions; no exception for voluntarily dismissed cases
Cognizability of habeas claim re: unsigned verdict forms	Westerfield: unsigned verdict forms render burglary conviction void; seeks release	Bracy: claim not cognizable in habeas/could have been raised on direct appeal	Court did not reach merits; affirmance rested on affidavit deficiency; court of appeals found issue could have been raised on direct appeal
Can appellee assert alternative grounds not decided below?	Westerfield: court should not reach grounds not decided below	Bracy: appellate court may assert alternative basis for affirmance	Court may consider and affirm on alternative grounds (per Couchot)

State ex rel. Dixon v. Bowerman, 156 Ohio St.3d 317 (2019) (R.C. 2969.25(A) requires listing prior civil actions and appeals)
State ex rel. Steele v. Foley, 164 Ohio St.3d 540 (2021) (R.C. 2969.25(A) requires strict compliance; noncompliance is fatal)
State ex rel. Swanson v. Ohio Dept. of Rehab. & Corr., 156 Ohio St.3d 408 (2019) (partial listings do not satisfy R.C. 2969.25(A))
Couchot v. State Lottery Comm., 74 Ohio St.3d 417 (1996) (appellate court may affirm on alternative grounds not decided below)