Beverly v. Lanzinger , 2017 Ohio 7393 ( 2017 )

[Cite as Beverly v. Lanzinger, 2017-Ohio-7393.]
IN THE COURT OF APPEALS OF OHIO
SIXTH APPELLATE DISTRICT
LUCAS COUNTY
Arnold A. Beverly, Jr. Court of Appeals No. L-17-1200
Petitioner
v.
Toledo Municipal Court,
Judge Joshua Lanzinger DECISION AND JUDGMENT
Respondents Decided: August 30, 2017
*****
Arnold A. Beverly, Jr., pro se.
*****
SINGER, J.
{¶ 1} This original action is before the court, sua sponte, upon the petition of
Arnold A. Beverly, Jr. for a writ of habeas corpus.
{¶ 2} A writ of habeas corpus is an extraordinary remedy and therefore is only
available “where there is an unlawful restraint of a person’s liberty and there is no
adequate remedy in the ordinary course of law.” Pegan v. Crawmer, 76 Ohio St.3d 97,
99, 666 N.E.2d 1091 (1996). See also State ex rel. Marsh v. Tibbals, 149 Ohio St.3d 656,
2017-Ohio-829, ¶ 12, quoting State ex rel. Jackson v. McFaul, 73 Ohio St.3d 185, 186,
652 N.E.2d 746 (1995). The original action seeking habeas corpus relief must either
challenge the jurisdiction of the sentencing court, Dunkle v. Dept. of Rehab. &
Correction, 148 Ohio St.3d 621, 2017-Ohio-551, 71 N.E.3d 1098, ¶ 8, or seek to correct
nonjurisdictional errors for which there is no adequate remedy at law. State ex rel.
Jackson v. Sloan, Slip Opinion No. 2015-Ohio-1477, 2016-Ohio-5106, ¶ 9.
{¶ 3} Reviewing the petition and record, we find appellant is not being restrained.
Previously, a warrant was issued and appellant was arrested and detained on June 14,
2017. However, he was released on his own recognizance bond posted the same day. He
has not attached any commitment papers as required by R.C. 2725.04(D) to establish he
is currently confined. His traffic violation is pending in the Toledo Municipal Court and
is scheduled for trial. Petitioner’s objections relate to the procedures that have occurred
in the trial court. Based on the face of the petition, we find petitioner is not entitled to
habeas corpus relief. The petition is found not well-taken and it is ordered dismissed.
The costs of this action are assessed to petitioner.
{¶ 4} The clerk is directed to serve upon all parties, within three days, a copy of
this decision in a manner prescribed by Civ.R. 5(B).
Petition dismissed.
2.
Beverly v. Lanzinger
C.A. No. L-17-1200
Arlene Singer, J. _______________________________
JUDGE
James D. Jensen, P.J.
_______________________________
Christine E. Mayle, J. JUDGE
CONCUR.
_______________________________
JUDGE
3.