[Cite as Panezich v. Green, 2016-Ohio-7948.]

STATE OF OHIO, MAHONING COUNTY 

IN THE COURT OF APPEALS 

SEVENTH DISTRICT 

CLIFTON J. PANEZICH 

 PETITIONER 

VS. 

SHERIFF JERRY GREEN 

 RESPONDENT 

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CASE NO. 16 MA 0163 

OPINION 

AND 

JUDGMENT ENTRY 

CHARACTER OF PROCEEDINGS: Petition for Writ of Habeas Corpus 

JUDGMENT: Dismissed. 

APPEARANCES: 

For Petitioner Attorney Percy Squire 

341 S. Third Street, Suite 10 

Columbus, Ohio 43215 

For Respondent Attorney Paul Gains 

Mahoning County Prosecutor 

Attorney Martin P. Desmond 

Assistant Prosecutor 

21 W. Boardman Street, 6th Floor 

Youngstown, Ohio 44503 

JUDGES: 

Hon. Mary DeGenaro 

Hon. Gene Donofrio 

Hon. Carol Ann Robb 

 

 

 Dated: November 23, 2016 
[Cite as Panezich v. Green, 2016-Ohio-7948.]

PER CURIAM. 

{¶1} Petitioner Clifton J. Panezich has filed a petition writ of habeas corpus 

seeking to have his bail reversed and set aside arguing that it constitutes excessive 

bail. Respondent State of Ohio has filed a motion to dismiss. 

{¶2} On October 6, 2016, the Mahoning County Grand Jury issued a 22-

count indictment naming Petitioner and two codefendants. The indictment alleged 

that Petitioner and the codefendants had engaged in a criminal enterprise that sold 

counterfeit sports and entertainment memorabilia over the internet. More specifically, 

Petitioner was charged as follows: Count One—Aggravated Theft, in violation of R.C. 

2913.02(A)(3)(B)(1)(2), a first-degree felony; Count Two—Telecommunications 

Fraud, in violation of R.C. 2913.05(A)(C), a first-degree felony; Count Three—

Forgery, in violation of R.C. 2913.31(A)(1)(C)(1)(a)(b), a third-degree felony; Count 

Four—Forgery, in violation of R.C. 2913.31(A)(2)(C)(1)(a)(b), a third-degree felony; 

Count Five—Forgery, in violation of R.C. 2913.31(A)(3)(C)(1)(a)(b), a third-degree 

felony; Count Six—Identity Fraud, in violation of R.C. 2913.49(B)(1)(1)(2), a seconddegree felony; Count Seven—Money Laundering, in violation of R.C. 

1315.55(A)(1)(B), a third-degree felony; and Count Twenty Two—Engaging in a 

Pattern of Corrupt Activity, in violation of R.C. 2923.32(A)(1)(B), a first-degree felony. 

{¶3} At Petitioner’s request, the trial court conducted a bond hearing. 

Evidence was presented that although Petitioner was born and raised in the 

Mahoning County area, he was residing in Las Vegas, Nevada at the time of his 

indictment. Following the bond hearing, the trial court set Petitioner’s bond at 

$500,000. After a second bond hearing, the trial court again set Petitioner’s bond at 

$500,000. 

{¶4} Following the filing of his petition for writ of habeas corpus before this 

Court, Petitioner filed an amended petition requesting expedited treatment and a 

shortened response time on November 8, 2016. Meanwhile, Relator had filed a 

motion to dismiss. 

{¶5} Upon review, it is apparent that the petition must be dismissed. When 

an inmate files a civil action filed against a governmental entity or employee, R.C. 
- 2 - 

2969.25(A) requires the petitioner to file an affidavit with the petition describing all 

civil actions and appeals they have filed in state or federal court within the past five 

years. Petitioner has not included the required affidavit. The Ohio Supreme Court 

has held that the “requirements of R.C. 2969.25 are mandatory and failure to comply 

with them requires dismissal of an inmate’s complaint.” State ex rel. Hall v. Mohr, 140 

Ohio St.3d 297, 2014-Ohio-3735, 17 N.E.3d 581, ¶ 4. See also Fuqua v. Williams,

100 Ohio St.3d 211, 2003-Ohio-5533, 797 N.E.2d 982, ¶¶ 6-9 (“A habeas corpus 

action is a civil action and therefore the provisions of R.C. 2969.21 through 2969.27 

are applicable to such action.”). Even belated attempts to file this affidavit cannot 

correct noncompliance with the statute. Id. at ¶ 9. 

{¶6} Accordingly, the petition for a writ of habeas corpus is dismissed. 

{¶7} Costs taxed against Petitioner. Final order. Clerk to serve notice as 

provided by the Civil Rules. 

DeGenaro, J., concurs. 

Donofrio, P.J., concurs. 

Robb, J., concurs.