Summary
The Supreme Court of Ohio affirmed dismissal of Jackie N. Robinson’s habeas corpus petition for failure to comply with R.C. 2969.25(A), which requires an inmate to file an affidavit describing prior civil actions or appeals. The court also denied Robinson’s motion for certified copies of the record, holding that the requested documents could not excuse the statutory noncompliance and that habeas corpus was not the proper vehicle for obtaining court records.
Topics
Practice areas
Questions Presented
- Whether Robinson's habeas corpus petition was properly dismissed because his affidavit failed to strictly comply with R.C. 2969.25(A).
- Whether Robinson was entitled to obtain certified copies of records from his underlying criminal case through this habeas corpus action.
Holdings
- An inmate's compliance with R.C. 2969.25(A) is mandatory and must be strict; failure to submit the required affidavit warrants dismissal of the civil action or appeal. Robinson's affidavit did not make any meaningful attempt to satisfy the statute, so dismissal of his habeas petition was proper.
- Robinson was not entitled to obtain certified copies of records from his underlying criminal case through this habeas corpus action, and his motion for certified copies was denied.
Key quotations
“Compliance with R.C. 2969.25(A) is mandatory, and failure to comply will warrant dismissal.” (¶ 6)
“And finally, he cannot use a habeas corpus action as a vehicle to obtain court records.” (¶ 8)
Factual background
Robinson, an inmate at the Lake Erie Correctional Institution, filed a habeas corpus petition alleging that his sentences had expired and seeking immediate release. His supporting affidavit stated only that he could not recall all civil actions he had filed during the preceding five years and did not provide the descriptions, case information, parties, or outcomes required by R.C. 2969.25(A). After briefing, he moved for certified copies of records from his underlying criminal case.
Procedural history
Robinson filed a habeas corpus petition in the Eleventh District Court of Appeals seeking immediate release on the ground that his sentences had expired. The court of appeals dismissed the petition because the affidavit accompanying it failed to comply with R.C. 2969.25(A). Robinson appealed to the Supreme Court of Ohio, which denied his motion for certified copies of the record and affirmed the dismissal.