State ex rel. Townsend v. Gaul
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The Supreme Court of Ohio dealt with an appeal made by an inmate, Albert Townsend Sr., against the Eighth District Court of Appeals' decision denying his complaint for a writ of mandamus. Townsend was previously convicted on several counts of rape and kidnapping, leading to a sentence of 56 years to life in prison and classification as a sexually violent predator. The court of appeals had deemed his sentence faulty concerning two of his victims and remanded the case for resentencing on eight of the counts.
In Townsend's mandamus complaint, he alleged entitlement to a resentencing hearing and claimed he should have received the benefit of a purported plea deal offered by the state. However, the court of appeals dismissed his complaint, noting that he had not complied with R.C. 2969.25(C), which mandates an inmate seeking a waiver of the court's filing fee to submit an affidavit of indigency that includes a certified statement of the balance in the inmate's institutional account for the past six months. The court of appeals noted that Townsend's complaint was defective due to noncompliance with this requirement.
Upon review, the Supreme Court of Ohio affirmed the court of appeals' decision. They noted that Townsend had indeed failed to comply with R.C. 2969.25(C) and that his provided account statement was neither certified by the institutional cashier nor covered the required six-month period. As Townsend did not argue his compliance with R.C. 2969.25(C) in his appeal, the Supreme Court found no grounds for reversal of the lower court's judgment.
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