Greene v. Turner

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The Supreme Court affirmed the judgment of the court of appeals dismissing the petition of Appellant for a writ of habeas corpus. Appellant was charged with drug trafficking and drug possession while on parole for an earlier offense. The Ohio Adult Parole Authority (APA) found that Appellant violated the terms of his parole by having illegal drugs under his control and ordered him to serve the remainder of his original maximum sentence. The State subsequently dismissed the drug charges for insufficient evidence. In his habeas petition, Petitioner argued that the APA violated his due process rights by finding a parole violation based on insufficient evidence. The court of appeals dismissed the petition on several grounds. The Supreme Court affirmed, holding that the court of appeals did not err in determining that Appellant’s petition (1) did not comply with the mandatory filing requirements of Ohio Rev. Code 2969.25(C) and 2725.04(D); (2) was not properly captioned in accord with Ohio R. Civ. P. 10(A); and (3) failed to state a claim for relief in habeas corpus. View "Greene v. Turner" on Justia Law