Thomas v. Tibbals , 2012 Ohio 1904 ( 2012 )

[Cite as Thomas v. Tibbals, 2012-Ohio-1904.]
IN THE COURT OF APPEALS FOR RICHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
GARY THOMAS : JUDGES:
: Hon. Patricia A. Delaney, P.J.
Petitioner : Hon. Sheila G. Farmer, J.
: Hon. John W. Wise, J.
-vs- :
: CASE NO. 11CA119
TERRY TIBBALS, WARDEN :
:
: OPINION
Respondent :
CHARACTER OF PROCEEDING: Writ of Habeas Corpus
JUDGMENT: Dismissed
DATE OF JUDGMENT ENTRY: April 20, 2012
APPEARANCES:
For Petitioner: For Respondent:
Gary Thomas-A-601-988 No Appearance
Mansfield Correctional Camp
1150 N. Main Street
Mansfield, Ohio 44901
Richland County, Case No. 11CA119 1
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.
Richland County, Case No. 11CA119 2
{¶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
____________________________
HON. PATRICIA A. DELANEY
____________________________
HON. SHEILA G. FARMER
____________________________
HON. JOHN W. WISE
IN THE COURT OF APPEALS FOR RICHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
GARY THOMAS : CASE NO. 11CA119
:
Petitioner :
:
-vs- : JUDGMENT ENTRY
:
TERRY TIBBALS, WARDEN :
:
:
Respondent :
For the reasons stated in our accompanying Memorandum-Opinion, this
cause is dismissed.
Costs taxed to Petitioner.
______________________________
HON. PATRICIA A. DELANEY
______________________________
HON. SHEILA G. FARMER
______________________________
HON. JOHN W. WISE