Opinion
CASE NO. 11CA119
04-20-2012
GARY THOMAS Petitioner v. TERRY TIBBALS, WARDEN Respondent
For Petitioner: Gary Thomas-A-601-988 Mansfield Correctional Camp
JUDGES:
Hon. Patricia A. , P.J.
Hon. Sheila G. Farmer, J.
Hon. John W. Wise, J.
OPINION
CHARACTER OF PROCEEDING:
Writ of Habeas Corpus
JUDGMENT:
Dismissed
APPEARANCES:
For Petitioner:
Gary Thomas-A-601-988
Mansfield Correctional Camp
For Respondent:
No Appearance Delaney, P.J.
{¶1} Petitioner, Gary Thomas, has filed an "Original Action in Habeas Corpus" as well as a Motion for Default Judgment. Petitioner alleges a writ of habeas corpus should be granted to release Petitioner from prison because Petitioner has not received proper jail time credit.
{¶2} According to the petition, Petitioner was sentenced to a term of incarceration in Cuyahoga County Common Pleas Case Number CR 08-507478. The conviction in that case was overturned by the Eighth District Court of Appeals. Petitioner was subsequently indicted in Cuyahoga County Common Pleas Case Number CR 10-545714. It is Petitioner's position he should be released because he should have been given jail time credit in Case Number 10-545714 for the time served in Case Number 08-507478.
{¶3} The Supreme Court has held habeas corpus does not lie to challenge jail time credit, "[Petitioner] had an adequate remedy by appeal to raise any error by the trial court in calculating his jail-time credit. State ex rel. Rudolph v. Horton, 119 Ohio St.3d 350, 2008-Ohio-4476, 894 N.E.2d 49, ¶ 3." Hughley v. Saunders, 123 Ohio St.3d 446, 2009-Ohio-5585, 917 N.E.2d 270, ¶ I.
{¶4} Because habeas corpus does not lie to challenge the trial court's failure to grant jail time credit, the petition is dismissed for failure to state a claim upon which relief may be granted. By: Delaney, P.J.
Farmer, J. and
Wise, J. concur
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HON. PATRICIA A. DELANEY
__________________
HON. SHEILA G. FARMER
__________________
HON. JOHN W. WISE
GARY THOMAS Petitioner
v.
TERRY TIBBALS, WARDEN Respondent
CASE NO. 11CA119
JUDGMENT ENTRY
For the reasons stated in our accompanying Memorandum-Opinion, this cause is dismissed.
Costs taxed to Petitioner.
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HON. PATRICIA A. DELANEY
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HON. SHEILA G. FARMER
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HON. JOHN W. WISE