Summary
The Ohio Supreme Court affirmed the dismissal of Andrew Fortson’s successive habeas corpus petition seeking release from prison. The court held that res judicata barred relitigation of his claim that the aggravated-murder charge had been dismissed and that he failed to comply with Ohio Revised Code 2969.25(A)’s affidavit requirement.
Topics
Practice areas
Questions Presented
- Whether res judicata barred Fortson's successive habeas corpus petition raising the previously rejected claim that the aggravated-murder charge had been dismissed.
- Whether Fortson's failure to comply timely with R.C. 2969.25(A) independently supported dismissal of his habeas corpus petition.
Holdings
- Res judicata barred Fortson from filing a successive habeas corpus petition to obtain another appellate review of his previously litigated claim that the aggravated-murder charge had been dismissed.
- A habeas petitioner who fails to timely file the affidavit required by R.C. 2969.25(A) does not cure the noncompliance by filing the affidavit belatedly.
Key quotations
“Since Fortson previously raised the issue of the alleged dismissal of his aggravated-murder charge, he may not use habeas corpus to gain successive appellate reviews of the same issue.” (¶ 11)
“His belated attempt to file the required affidavit does not excuse his noncompliance.” (¶ 12)
Factual background
A jury convicted Fortson of aggravated murder, and he was sentenced to life imprisonment with parole eligibility after 20 years. Fortson repeatedly claimed that the aggravated-murder charge had been dismissed and therefore that the trial court lacked jurisdiction to convict and sentence him, although the record showed that the dismissed charge was conspiracy to commit aggravated murder. In his latest habeas petition, he also initially submitted an affidavit falsely stating that he had not filed qualifying civil actions or appeals during the preceding five years.
Procedural history
Fortson was convicted of aggravated murder in the Cuyahoga County Court of Common Pleas, and his conviction was affirmed on appeal. He subsequently filed multiple habeas corpus petitions asserting that the aggravated-murder charge had been dismissed; earlier courts rejected that contention and dismissed his petitions. The Richland County Court of Appeals dismissed his September 2005 habeas petition based on res judicata and his failure to comply with R.C. 2969.25(A), and the Supreme Court of Ohio affirmed.