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Dean v. Marquis

Court of Appeals of Ohio, Fifth District, Richland

May 4, 2018

RALPH DEAN Petitioner
v.
DAVID MARQUIS, WARDEN Respondent

         Writ of Habeas Corpus

          For Petitioner RALPH DEAN, PRO SE

          For Respondent MAURA O'NEILL JAITE Senior Assistant Attorney General Ohio Attorney General's Office Criminal Justice Section

          JUDGES: Hon. John W. Wise, P.J., Hon. William B. Hoffman, J., Hon. Craig R. Baldwin, J.

          OPINION

          HOFFMAN, J.

         {¶1} Petitioner, Ralph Dean, has filed a Complaint for Writ of Habeas Corpus wherein he argues he is entitled to immediate release from prison because the Interstate Agreement on Detainers ("IAD") was violated. Respondent has filed a motion to dismiss for failure to state a claim upon which relief may be granted.

         PROCEDURAL HISTORY

         {¶2} Dean was charged with murder in Richland County, Ohio on November 9, 1976. Following his initial appearance in municipal court in Richland, Dean was released to the state of Kentucky to face an additional murder charge there. Once Dean was released to Kentucky, the Richland County murder charge was dismissed. A secret indictment was issued on January 21, 1977 in Richland County against Dean for the Ohio murder, however, it was not served on Dean but kept sub rosa in a safe in the office of the Richland Common Pleas Clerk of Courts.

         {¶3} Dean plead guilty in Kentucky to a reduced charge of manslaughter on October 18, 1977 and was sentenced to prison. In August 1981, Dean was paroled in Kentucky. Shortly thereafter, he was arrested on a warrant from Ohio relating to the Richland County murder indictment. On August 10, 1982, Dean was convicted of murder in Richland County.

         {¶4} Dean appealed his Richland County murder conviction to this Court wherein he raised issues regarding Ohio's speedy trial statute and the constitutional right to speedy trial. This Court affirmed his conviction in State v. Dean, 5th Dist. Richland No. 2090, 1983 WL 6385.

         {¶5} In 1989, Dean filed a federal habeas corpus petition again raising the speedy trial issue. The federal court denied the petition on the basis Dean suffered no actual prejudice due to the delay. Dean v. Marshall, 880 F.2d 414 (6th Cir.1989).

         {¶6} Dean's prior arguments were classified as speedy trial issues. He now frames his argument as a speedy trial violation of the Interstate Agreement on Detainers.

         HABEAS CORPUS

         {¶7} We find Petitioner's claim for habeas corpus does not lie because he has or had an adequate remedy at law to raise the IAD argument on direct appeal ...


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