[Cite as Smith v. Sheldon, 2018-Ohio-468.]

COURT OF APPEALS 

RICHLAND COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

EDDIE LEE SMITH 

 Petitioner 

-vsEDWARD SHELDON, WARDEN 

 Respondent 

JUDGES: 

Hon. John W. Wise, P. J. 

Hon. Patricia A. Delaney, J. 

Hon. Craig R. Baldwin, J. 

Case No. 17 CA 54 

O P I N I O N 

CHARACTER OF PROCEEDING: Writ of Habeas Corpus 

JUDGMENT: Dismissed 

DATE OF JUDGMENT ENTRY: February 5, 2018 

APPEARANCES: 

For Petitioner For Respondent 

EDDIE LEE SMITH JERRI FOSNAUGHT 

PRO SE ASSISTANT ATTORNEY GENERAL 

1150 North Main Street 150 East Gay Street, 16th Floor 

Mansfield, Ohio 44901 Columbus, Ohio 43215 
Richland County, Case No. 17 CA 54 2

Wise, J. 

{¶1} Petitioner, Eddie Lee Smith, has filed a petition for writ of habeas corpus 

claiming Petitioner is being held for convictions of crimes with which he was not charged. 

He also raises claims the trial court lacked subject matter jurisdiction. Respondent has 

filed a motion to dismiss. 

{¶2} Petitioner has failed to attach all commitment papers as required. Revised 

Code 2725.04(D) provides, “(D) A copy of the commitment or cause of detention of such 

person shall be exhibited, if it can be procured without impairing the efficiency of the 

remedy; or, if the imprisonment or detention is without legal authority, such fact must 

appear.” Petitioner has attached only a portion of the commitment papers in Case 

Number CR 2015 12 3774, and Petitioner has not attached any commitment papers from 

Case Number 2015 09 2837. 

{¶3} A “[h]abeas corpus petitioner's failure to attach pertinent commitment 

papers to his petition rendered petition fatally defective, and petitioner's subsequent 

attachment of commitment papers to his post-judgment motion did not cure the defect.” 

Boyd v. Money, 82 Ohio St.3d 388, 1998 -Ohio- 221, 696 N.E.2d 568. 

{¶4} R.C. 2969.25(A) governs the procedure for actions filed by inmates and 

provides in relevant part, “(A) At the time that an inmate commences a civil action or 

appeal against a government entity or employee, the inmate shall file with the court an 

affidavit that contains 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.” 
Richland County, Case No. 17 CA 54 3

{¶5} “[U]nder Ohio law, state writ actions are civil actions. See Henderson v. 

James (1895), 52 Ohio St. 242, 259, 39 N.E. 805” Fuqua v. Williams, 100 Ohio St.3d 211, 

2003–Ohio–5533, 797 N.E.2d 982, ¶ 7 (2003). 

{¶6} The petition in this case did not contain an affidavit of prior civil actions. 

{¶7} The Supreme Court has approved the dismissal of a habeas petition where 

an inmate fails to file an affidavit in compliance with R.C. 2969.25. See Fuqua v. Williams,

2003–Ohio–5533, 100 Ohio St.3d 211, 797 N.E.2d 982, HN 1. 

{¶8} Finally, Petitioner has failed to include an affidavit of verification. “R.C. 

2725.04 further requires the petition to be verified. In Chari v. Vore, 91 Ohio St.3d 323, 

2001–Ohio–49, 744 N.E.2d 763, the Supreme Court of Ohio ruled: “ ‘Verification’ 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 statement in the document.’ Garner, Black's 

Law Dictionary (7 Ed.1999) 1556 * * *.” Cruz v. Pinkney, 8th Dist. Cuyahoga No. 105454, 

2017-Ohio-4308, ¶ 3. 

{¶9} Because Petitioner has failed to attach all necessary commitment papers 

failed to supply the affidavit of prior civil actions, and failed to file an affidavit of verification, 

the petition is dismissed. 

By: Wise, P. J. 

Delaney, J., and 

Baldwin, J., concur. 

 

JWW/d 0126