Westerfield v. Bracy
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The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's petition for a writ of habeas corpus, holding that Appellant's Ohio Rev. Code 2969.25(A) affidavit was deficient, making his habeas corpus petition subject to dismissal.
Appellant, an inmate at Trumbull Correctional Institution, filed a petition for a writ of habeas corpus against the warden, arguing that his underlying burglary conviction was void and that he was entitled to immediate release. The court of appeals granted the warden's motion to dismiss. The Supreme Court affirmed, holding that the court of appeals properly found that Appellant's affidavit did not strictly comply with the statute and in thus dismissing the petition.
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