[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as 

Robinson v. McConahay, Slip Opinion No. 2023-Ohio-xxxx.]

NOTICE

This slip opinion is subject to formal revision before it is published in an 

advance sheet of the Ohio Official Reports. Readers are requested to 

promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 

South Front Street, Columbus, Ohio 43215, of any typographical or other 

formal errors in the opinion, in order that corrections may be made before 

the opinion is published.

SLIP OPINION NO. 2023-OHIO-498

ROBINSON, APPELLANT, v. MCCONAHAY, WARDEN, APPELLEE.

[Until this opinion appears in the Ohio Official Reports advance sheets, it 

may be cited as Robinson v. McConahay, Slip Opinion No. 2023-Ohio-xxxx.]

Habeas corpus—Petitioner failed to file affidavit of prior civil actions as required 

by R.C. 2969.25(A)—Petitioner’s complaint was not verified as required by 

R.C. 2725.04—No rule authorizes an appellant to file a motion for summary 

judgment in a direct appeal to this court—Court of appeals’ judgment 

dismissing complaint affirmed—Motion for summary judgment denied.

(No. 2022-0723—Submitted January 10, 2023—Decided February 23, 2023.)

APPEAL from the Court of Appeals for Richland County,

No. 2022 CA 0033.

_______________________

Per Curiam.

{¶ 1} Appellant, Jackie N. Robinson, appeals the judgment of the Fifth 

District Court of Appeals dismissing his complaint for a writ of habeas corpus 

against appellee, Tim McConahay, warden of the Mansfield Correctional 
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Institution. He has also filed a motion for summary judgment in this court. For the 

reasons that follow, we affirm the judgment of the court of appeals and deny 

Robinson’s motion.

I. FACTS AND PROCEDURAL BACKGROUND

{¶ 2} In 1976, Robinson pleaded guilty to burglary in the Summit County 

Court of Common Pleas, and the trial court sentenced him to 2 to 15 years in prison. 

He was released on parole in 1978. See Robinson v. LaRose, 11th Dist. Trumbull 

No. 2015-T-0051, 2015-Ohio-4323, ¶ 2.

{¶ 3} While on parole in 1979, Robinson was indicted by a Summit County 

grand jury for numerous felony offenses. Id. at ¶ 3. The case was tried to a jury,

and Robinson was found guilty of aggravated robbery, carrying a concealed 

weapon, and having a weapon while under disability. Id. at ¶ 4. He was sentenced 

to 7 to 25 years for aggravated robbery, 1 to 10 years for carrying a concealed 

weapon, and 1 to 5 years for having a weapon while under disability—all to be 

served consecutively, for a total prison term of 9 to 40 years. Id. According to 

McConahay, the sentences for those offenses ran consecutively to the sentences 

imposed in Robinson’s 1976 case because they were committed while he was on 

parole. Since his 1979 conviction, Robinson has been released on parole and 

convicted of new crimes at least four times.

{¶ 4} In May 2022, Robinson filed his petition for a writ of habeas corpus 

in the Fifth District, claiming that his 1979 convictions are void because the Summit 

County Common Pleas Court lacked subject-matter jurisdiction and committed 

plain error by enhancing his sentences for “minor crimes for gun charges” on the 

ground that his 1976 burglary “was a prior offense of violence.”

{¶ 5} The court of appeals sua sponte dismissed Robinson’s complaint for 

two reasons. 5th Dist. Richland No. 2022 CA 0033 (May 11, 2022). First, the 

petition was not verified as required by R.C. 2725.04. Id. at 1. And second, 

Robinson failed to comply with R.C. 2969.25(A), which requires an inmate who 
January Term, 2023

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files a habeas corpus petition to attach an affidavit listing all federal and state civil 

actions or appeals of civil actions that he has filed in the previous five years. Id. at 

1-2.

{¶ 6} This cause is now before us upon Robinson’s appeal as of right.

II. ANALYSIS

A. Robinson’s Petition is Fatally Defective

{¶ 7} The court of appeals properly dismissed Robinson’s petition because 

Robinson did not comply with the mandatory filing requirements of R.C. 2725.04 

and R.C. 2969.25(A).

{¶ 8} First, Robinson’s petition is fatally defective because he failed to 

satisfy the verification requirements of R.C. 2725.04. This court has explained that 

the term “ ‘[v]erification’ means a ‘formal declaration made in the presence of an 

authorized officer, such as a notary public, by which one swears to the truth of the 

statements in the document.’ ” Chari v. Vore, 91 Ohio St.3d 323, 327, 744 N.E.2d 

763 (2001), quoting Black’s Law Dictionary 1556 (7th Ed.1999). Robinson’s 

petition does not contain a declaration swearing to the truth of the statements 

contained therein or proof that it was verified in the presence of a notary public.

{¶ 9} Second, Robinson failed to attach an affidavit containing “a 

description of each civil action or appeal of a civil action that the inmate has filed 

in the previous five years in any state or federal court,” as required by R.C. 

2969.25(A). The court of appeals noted that Robinson had “filed at least nine civil 

actions in the Ninth, Tenth, and Eleventh District Courts of Appeals and in the Ohio 

Supreme Court” in the five years preceding the filing of the habeas petition at issue 

in this case. 5th Dist. Richland No. 2022 CA 0033 at 2. But Robinson did not file 

an affidavit disclosing those actions with his habeas petition. “Compliance with 

R.C. 2969.25(A) is mandatory, and failure to comply will warrant dismissal.” State 

v. Henton, 146 Ohio St.3d 9, 2016-Ohio-1518, 50 N.E.3d 553, ¶ 3.
SUPREME COURT OF OHIO

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{¶ 10} Based upon the foregoing, the court of appeals properly dismissed 

Robinson’s petition for a writ of habeas corpus.

B. Robinson’s Motion for Summary Judgment is Denied

{¶ 11} On October 31, 2022, Robinson filed a “motion for Summary 

Judgment on arguments before [the] Court” in this appeal, raising a new claim

asserting that his 1976 burglary sentence is void because he pleaded guilty to a 

single first-degree-felony count of burglary but was sentenced for a felony of the 

second degree. There is no rule authorizing an appellant to file a motion for 

summary judgment in a direct appeal. Regardless, the issue raised in Robinson’s

motion is not properly before this court because it was not raised in his habeas 

petition below. See North v. Beightler, 112 Ohio St.3d 122, 2006-Ohio-6515, 858 

N.E.2d 386, ¶ 6 (failure to raise an issue in the habeas petition or in the proceeding 

before the court of appeals waives the issue on appeal). And as we have explained, 

because Robinson’s petition is fatally defective, he cannot prevail.

III. CONCLUSION

{¶ 12} Based on the foregoing, the court of appeals properly dismissed 

Robinson’s petition for a writ of habeas corpus. Accordingly, we affirm the 

judgment of the Fifth District Court of Appeals and deny his motion for summary 

judgment.

Judgment affirmed.

KENNEDY, C.J., and FISCHER, DEWINE, DONNELLY, STEWART, BRUNNER, 

and DETERS, JJ., concur.

_________________

Jackie N. Robinson, pro se.

Dave Yost, Attorney General, and Jerri L. Fosnaught, Assistant Attorney 

General, for appellee.

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