Hughley v. Duffey

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[Cite as Hughley v. Duffey, 2009-Ohio-6085.] COURT OF APPEALS FAIRFIELD COUNTY, OHIO FIFTH APPELLATE DISTRICT KEVIN HUGLEY Petitioner -vsWARDEN SHERRI DUFFEY Respondent : : : : : : : : : JUDGES: Hon. W. Scott Gwin, P.J. Hon. Julie A. Edwards, J. Hon. Patricia A. Delaney, J. Case No. 09-CA-0043 OPINION CHARACTER OF PROCEEDING: Petition for Writ of Habeas Corpus JUDGMENT: Writ Dismissed DATE OF JUDGMENT ENTRY: November 16, 2009 APPEARANCES: For Petitioner KEVIN HUGHLEY, PRO SE C/O S.C.I. 5900 B.I.S. Road Lancaster, OH 43130 For Respondent M. SCOTT CRISS Assistant Attorney General 150 E. Gay Street, 16th Floor Columbus, OH 43215 [Cite as Hughley v. Duffey, 2009-Ohio-6085.] Gwin, P.J. {¶1} Kevin Hughley has filed a Petition for Writ of Habeas Corpus suggesting Petitioner is entitled to immediate release because Petitioner alleges he is incarcerated pursuant to a void sentence. Respondent has filed a Motion to Dismiss. {¶2} Petitioner has filed numerous complaints, appeals and petitions in this Court, the Supreme Court, and the Eighth District Court of Appeals challenging the imposition of a nine month prison term for a Title Offense conviction pursuant to R.C. 4505.19. All of Petitioner s challenges relative to this particular sentence have been denied, and Petitioner has been declared a vexatious litigator by the Supreme Court. Nonetheless, we will once again address Petitioner s claim. {¶3} Petitioner avers the trial court lacked jurisdiction to impose a nine month sentence to be served in prison as opposed to local incarceration. Petitioner does not challenge the length of the sentence. His only challenge is to the location the sentence may be served. {¶4} Petitioner raised this exact issue in Hughley v. Southeastern Correctional Inst. 2009 WL 2986237, 3 (Ohio App. 5 Dist.) wherein we held, {¶5} Because the trial court had subject matter jurisdiction, the sentence imposed is voidable rather than void. Only a void sentence may be raised by way of a Petition for Writ of Habeas Corpus. Additionally, Petitioner raised this exact issue in the Supreme Court in Case Number 09-1350. The Supreme Court also declined to issue the requested writ. {¶6} For the reasons contained in Hughley v. Southeastern Correctional Inst. 2009 WL 2986237, 3 (Ohio App. 5 Dist.), we deny the instant Petition. Fairfield County, Case No. 09-CA-0043 3 {¶7} MOTION TO DISMISS GRANTED. {¶8} PETITION DISMISSED. {¶9} COSTS TO PETITIONER. By Gwin, P.J., Edwards, J., and Delaney, J., concur _________________________________ HON. W. SCOTT GWIN _________________________________ HON. JULIE A. EDWARDS _________________________________ HON. PATRICIA A. DELANEY WSG:clw 1027 [Cite as Hughley v. Duffey, 2009-Ohio-6085.] IN THE COURT OF APPEALS FOR FAIRFIELD COUNTY, OHIO FIFTH APPELLATE DISTRICT KEVIN HUGLEY Petitioner -vsWARDEN SHERRI DUFFEY Respondent : : : : : : : : : : : JUDGMENT ENTRY CASE NO. 09-CA-0043 For the reasons stated in our accompanying Memorandum-Opinion, the petition for Writ of Habeas Corpus is dismissed. Costs to Petitioner. _________________________________ HON. W. SCOTT GWIN _________________________________ HON. JULIE A. EDWARDS _________________________________ HON. PATRICIA A. DELANEY

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