State ex rel. Miller v. May
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The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's habeas corpus petition against the warden of the Richland Correctional Institution (RCI), holding that the court of appeals did not err in dismissing the petition for failure to attach all the relevant commitment papers, as required by Ohio Rev. Code 2725.04(D).
Appellant, an inmate at RCI, filed a petition for a writ of habeas corpus alleging that the prison sentences he was serving had expired and that, therefore, he was entitled to immediate release. The warden filed a motion to dismiss Appellant's petition but did not raise the sufficiency of the commitment papers attached to the petition as grounds for dismissal or summary judgment. Nonetheless, the court of appeals dismissed the petition on the basis that Appellant had failed to comply with section 2725.04(D). The Supreme Court affirmed, holding that, by failing to attach all the relevant commitment papers to his petition, Appellant did not comply with section 2725.04(D).
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