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Jordan v. Johnson

Court of Appeals of Ohio, Twelfth District

August 26, 2013

JOSEPH JORDAN, Petitioner-Appellant,
v.
ROD JOHNSON, WARDEN, Respondent-Appellee.

CIVIL APPEAL FROM MADISON COUNTY COURT OF COMMON PLEAS Case No. CVH20130019

Joseph Jordan, #A628031, Madison Correctional Institution, petitioner-appellant, pro se

Maura O'Neill Jaite, Criminal Justice Section, for respondent-appellee

OPINION

M. POWELL, J.

(¶ 1} Petitioner-appellant, Joseph Jordan, appeals pro se from a decision of the Madison County Court of Common Pleas dismissing his petition for a writ of habeas corpus requesting his immediate release from prison. For the reasons outlined below, we affirm.

(¶ 2} Jordan is currently incarcerated at the Madison Correctional Institution in Madison County, Ohio. In April 2010, Jordan was sentenced by the Warren County Court of Common Pleas to serve ten years in prison after pleading guilty to five separate offenses including trafficking in crack cocaine, ecstasy, and methadone, illegally manufacturing drugs, and possessing weapons under disability (the "Warren County Case"). Jordan did not timely appeal his Warren County Case and his motion to file a delayed appeal was denied by this court in November 2011. State v. Jordan, 12th Dist. Warren No. CA2011-08-092 (Nov. 9, 2011).

(¶ 3} In November 2010, Jordan was also convicted and sentenced in the Montgomery County Court of Common Pleas for possession of cocaine (the "Montgomery County Case"). For this conviction, Jordan was sentenced to serve two years in prison to be served concurrently to his sentence in the Warren County Case. Thus, as a result of both the Warren County and Montgomery County Cases, Jordan has a maximum release date of March 1, 2020.

(¶ 4} On January 14, 2013, Jordan filed a R.C. Chapter 2725 petition for a writ of habeas corpus, alleging that he was being unlawfully confined. In his petition, Jordan claimed that the Warren County indictment was defective and that the Warren County Court of Common Pleas lacked venue over the Warren County Case, as charges were indicted in that case that did not occur in Warren County. As part of his petition, Jordan attached his commitment papers from his Warren County Case but failed to attach any commitment papers relating to the Montgomery County Case.

(¶ 5} In February 2013, upon motion from respondent-appellee, Rod Johnson, Warden of Madison Correctional Institution (the "Warden"), the trial court dismissed Jordan's petition on the basis that it did not satisfy several procedural requirements.

(¶ 6} Jordan now appeals from that decision, raising two assignments of error:

(¶ 7} Assignment of Error No. 1:

(¶ 8} DID THE TRIAL [COURT] ERROR (SIC) BY DISMISSING JORDAN'S WRIT OF HABEAS CORPUS WHEN CLEARLY THE WRIT WAS FILED ACCORDING TO THE RULES PROVIDED BY LAW[?]

(¶ 9} Assignment of Error No. 2:

(¶ 10} THE TRIAL COURT ERRED TO THE PREJUDICE OF [JORDAN], BY DENYING HIS WRIT OF HABEAS CORPUS, WHEN HE DEMONSTRATED THAT HE WAS ENTITLED IMMEDIATE ...


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