Richards v. Konteh

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[Cite as Richards v. Konteh, 2006-Ohio-3608.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY Timothy Richards, Jr. Court of Appeals No. L-06-1116 Petitioner v. Kelleh Konteh, Warden, and Adult Parole Auth. et. al. DECISION AND JUDGMENT ENTRY Respondents Decided: July 11, 2006 ***** Timothy Richards, Jr., pro se. Jim Petro, Attorney General of Ohio, and Mark J. Zemba, Assistant Attorney General, for respondents. ***** SINGER, P.J. {¶ 1} This matter comes before the court on petitioner, Timothy Richards, Jr. s, petition for habeas corpus. Respondent, Kelleh Konteh, has filed a motion for summary judgment in response. {¶ 2} [H]abeas corpus in Ohio is generally appropriate in the criminal context only if the petitioner is entitled to immediate release from prison or some type of physical confinement. Smith v. Leis, 106 Ohio St.3d 309, 2005-Ohio-5125, quoting State ex rel. Smirnoff v. Greene (1998), 84 Ohio St.3d 165, 167. If a habeas corpus petitioner seeking release is subsequently released, the petitioner's habeas corpus claim is normally rendered moot. Larsen v. State (2001), 92 Ohio St.3d 69, 69-70, citing Pewitt v. Lorain Correctional Inst. (1992), 64 Ohio St.3d 470, 472. {¶ 3} In that petitioner was released from custody by the Adult Parole Authority on June 19, 2006, his petition is rendered moot and ordered dismissed at petitioner's costs. PETITION DISMISSED. Mark L. Pietrykowski, J. _______________________________ JUDGE Arlene Singer, P.J. Dennis M. Parish, J. CONCUR. _______________________________ JUDGE _______________________________ JUDGE This decision is subject to further editing by the Supreme Court of Ohio's Reporter of Decisions. Parties interested in viewing the final reported version are advised to visit the Ohio Supreme Court's web site at: http://www.sconet.state.oh.us/rod/newpdf/?source=6. 2.

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