State v. Donaldson , 2014 Ohio 5558 ( 2014 )

[Cite as State v. Donaldson, 2014-Ohio-5558.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 101974
STATE OF OHIO
RESPONDENT
vs.
LONNIE L. DONALDSON
PETITIONER
JUDGMENT:
PETITION DISMISSED
Writ of Habeas Corpus
Motion No. 479034
Order No. 479579
RELEASE DATE: December 12, 2014
ATTORNEYS FOR PETITIONER
Vicki L. Ward
Shayla Alexandra King
Attorneys at Law
75 Public Square
Cleveland, Ohio 44113
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: Daniel T. Van
Assistant Prosecuting Attorney
Justice Center - 9th Floor
1200 Ontario Street
Cleveland, Ohio 44113
KENNETH A. ROCCO, J.:
{¶1} On September 26, 2014, Lonnie Donaldson, filed a “Motion for leave to plead and
petition for writ of habeas corpus.” He avers that he is being held on excessive bail in the
underlying case, State v. Donaldson, Cuyahoga C.P. No. CR-07-502443-A, in which the trial
court recently set bond at $750,000.00 for charges of aggravated murder and attempted murder.
For the following reasons, this court dismisses the petition, sua sponte.
{¶2} Donaldson’s petition is not verified as required by R.C. 2725.04. In Chari v. Vore,
91 Ohio St. 3d 323, 2001-Ohio-49, 744 N.E.2d 763, the Supreme Court of Ohio reversed the
court of appeals’ granting of the writ and awarding of relief and held that the cause should have
been summarily dismissed because the petition was not verified. Additionally, Donaldson
failed to support his complaint with an affidavit “specifying the details of the claim” as required
by Loc.App.R. 45(B)(1)(a). State ex rel. Leon v. Cuyahoga Cty. Court of Common Pleas, 123
Ohio St. 3d 124, 2009-Ohio-4688, 914 N.E.2d 402.
{¶3} Donaldson improperly captioned his petition. He used the caption for his
underlying case as the caption for his habeas corpus petition. Thus, the state of Ohio is listed as
plaintiff-respondent. However, “the individual who has actual legal custody over the inmate is
the only proper respondent in a habeas corpus action.” Rockwell v. Geauga Cty. Court of
Common Pleas, 11th Dist. Geauga No. 2005-G-2661, 2005-Ohio-5762, ¶ 7; R.C. 2725.04(B);
and Boyd v. McGinty, 8th Dist. Cuyahoga No. 84476, 2004-Ohio-2704.
{¶4} Donaldson has also failed to comply with R.C. 2969.25, which requires an affidavit
that describes each civil action or appeal filed by the relator within the previous five years in any
state or federal court. This failure also warrants dismissal of his petition. State ex rel. Zanders
v. Ohio Parole Bd., 82 Ohio St. 3d 421, 1998-Ohio-218, 696 N.E.2d 594 and State ex rel. Alford
v. Winters, 80 Ohio St. 3d 285, 1997-Ohio-117, 685 N.E.2d 1242.
{¶5} Accordingly, the court dismisses the petition for habeas corpus. Costs assessed
against the relator. This court directs the Clerk of the Cuyahoga County Court of Appeals to
serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R.
58(B).
{¶6} Petition dismissed.
__________________________________
KENNETH A. ROCCO, JUDGE
LARRY A. JONES, SR., P.J., and
PATRICIA ANN BLACKMON, J., CONCUR