McCloud v. Lorain Cty. Corr. Inst.

Summary

The Ninth District Court of Appeals dismissed Antonio Cheetah McCloud’s habeas corpus petition because he was incarcerated in Richland County, and Ohio law limits jurisdiction over such petitions to the courts or judges of the county where the institution is located. The court taxed costs to McCloud.

Holdings

1. Under R.C. 2725.03, when a petitioner is incarcerated in a state correctional institution, only the courts or judges of the county in which that institution is located have jurisdiction to issue or determine a writ of habeas corpus for the petitioner's production or discharge. Because McCloud was incarcerated in Richland County, the Ninth District Court of Appeals lacked jurisdiction over his petition.
2. A habeas corpus petition filed in a county that lacks jurisdiction under R.C. 2725.03 must be dismissed.

Questions Presented

1. Whether the Ninth District Court of Appeals had jurisdiction under R.C. 2725.03 to consider a habeas corpus petition filed by an inmate incarcerated in Richland County.
2. Whether a habeas corpus petition filed in the wrong county should be dismissed.

Disposition

dismissed