JACKSON, APPELLANT, v. JOHNSON, WARDEN, APPELLEE.
No. 2012-1842
Supreme Court of Ohio
Submitted March 13, 2013—Decided March 21, 2013.
[Cite as Jackson v. Johnson, 135 Ohio St.3d 364, 2013-Ohio-999.]
Conclusion
{1 24} A political subdivision is not liable for injury arising out of actions taken by first responders in the course of providing emergency medical services, unless those services are provided in a manner that constitutes willful or wanton misconduct. Here, the complaint alleges that city of Akron medical-emergency personnel wantonly caused injuries to the Riffles and their unborn child, and it therefore states a claim for which relief may be granted. Accordingly, the judgment of the court of appeals is affirmed.
Judgment affirmed.
O‘CONNOR, C.J., and PFEIFER, LANZINGER, KENNEDY, FRENCH, and O‘NEILL, JJ., concur.
Kohnen & Patton, L.L.P., Ann Ruley Combs, and Rebecca Cull, for appellees.
Cheri B. Cunningham, Akron Director of Law, and John Christopher Reece and Michael J. Defibaugh, Assistant Directors of Law, for appellant.
Steven M. Goldberg Co., L.P.A., and J. Michael Goldberg, urging affirmance for amicus curiae Ohio Association for Justice.
Ice Miller, L.L.P., and Stephen L. Byron, Stephen J. Smith, and Chris W. Michael; and John Gotherman, urging reversal for amicus curiae Ohio Municipal League.
{1 1} We affirm the judgment of the court of appeals granting the motion of appellee, Madison Correctional Institution Warden Rod B. Johnson, to dismiss the petition of appellant, Anthony Jackson, for a writ of habeas corpus. Jackson‘s claims are defective, first, because he did not attach a complete copy of his commitment papers to the petition, as required by
{1 2} Although the court of appeals did not consider the issue, failure to attach the commitment papers to a petition for habeas corpus is fatally defective. Hughley v. Saunders, 123 Ohio St.3d 90, 2009-Ohio-4089, 914 N.E.2d 370.
{1 3} But even if Jackson had properly attached his commitment papers, the claims for which he seeks relief are not cognizable in habeas corpus. Habeas corpus is not generally available when there is an adequate remedy at law. Jackson claims that he was denied due process because the trial court failed to properly instruct the jury. He had an adequate remedy by way of appeal for this claim. State ex rel. Nickleson v. Mayberry, 131 Ohio St.3d 416, 2012-Ohio-1300, 965 N.E.2d 1000, 12, citing Smith v. Mitchell, 80 Ohio St.3d 624, 625, 687 N.E.2d 749 (1998).
{1 4} Jackson claims sentencing error in that he was given two separate sentences for what he argues were allied offenses. Again, he had an adequate remedy by way of appeal. Smith v. Voorhies, 119 Ohio St.3d 345, 2008-Ohio-4479, 894 N.E.2d 44, 110, citing Mosely v. Echols, 62 Ohio St.3d 75, 578 N.E.2d 454 (1991) (“allied-offense claims are nonjurisdictional and are not cognizable in habeas corpus“).
{1 5} Jackson also claims that he has been denied a right to appeal because his initial appeal was dismissed for a procedural failure and two attempted delayed appeals were denied. However, the availability of appeal is an adequate remedy at law, even if that remedy is unsuccessful. Childers v. Wingard, 83 Ohio St.3d 427, 428, 700 N.E.2d 588 (1998).
{1 6} Moreover, because the merits of his claims have never been heard on appeal, Jackson has a potential remedy in that he could petition the court of appeals to proceed with a delayed or reinstated appeal. See, e.g., State v. Douglas,
Judgment affirmed.
O‘CONNOR, C.J., and PFEIFER, O‘DONNELL, LANZINGER, KENNEDY, FRENCH, and O‘NEILL, JJ., concur.
Anthony K. Jackson, pro se.
Michael DeWine, Attorney General, and Thelma Thomas Price, Assistant Attorney General, for appellee.