[Cite as Rembert v. Bobby, 2012-Ohio-5571.]

STATE OF OHIO, MAHONING COUNTY 

IN THE COURT OF APPEALS 

SEVENTH DISTRICT 

WILLIE REMBERT, 

 PETITIONER, 

V. 

DAVID BOBBY, 

 RESPONDENT. 

)

)

)

)

)

)

)

)

)

CASE NO. 12-MA-159 

OPINION 

AND 

JUDGMENT ENTRY 

CHARACTER OF PROCEEDINGS: Petition for Writ of Habeas Corpus 

JUDGMENT: Dismissed 

APPEARANCES: 

For Petitioner Attorney Edward L. Littlejohn, Jr. 

352 Main Street 

Wintersville, Ohio 43953 

For Respondent Attorney Stephanie L. Watson 

Assistant Attorney General 

Criminal Justice Section 

150 East Gay Street, 16th Floor 

Columbus, Ohio 43512-6011 

JUDGES: 

Hon. Gene Donofrio 

Hon. Joseph J. Vukovich 

Hon. Mary DeGenaro 

 

 
-2-

 Dated: November 29, 2012 
[Cite as Rembert v. Bobby, 2012-Ohio-5571.]

PER CURIAM. 

{¶1} Petitioner Willie Rembert has filed a petition for writ of habeas corpus 

against Respondent David Bobby, Warden of the Ohio State Penitentiary in 

Youngstown, Ohio, claiming he is being unlawfully detained there after serving 28 

years of an indefinite sentence of 10 years to life for his convictions following guilty 

pleas to voluntary manslaughter and murder. The warden has filed a motion to 

dismiss the petition. 

{¶2} In 1984, the Cuyahoga County Grand Jury indicted Rembert in two 

separate cases. In the first case, the grand jury indicted Rembert for aggravated 

murder with felony murder and firearm specifications and for rape with a firearm 

specification in connection with the rape and murder of Sylvia Bolden on February 

23, 1984. State v. Rembert, Cuyahoga C.P. No. CR190364. In the second case, the 

grand jury indicted Rembert for aggravated murder with a firearm specification in 

connection with the murder of Alvin Williams on April 2, 1984. State v. Rembert, 

Cuyahoga C.P. No. 190273. 

{¶3} Rembert subsequently pleaded guilty to amended indictments. In the 

first case, he pleaded guilty to murder and the trial court sentenced him to an 

indefinite term of 15 years to life in prison. In the second case, he pleaded guilty to 

voluntary manslaughter and the trial court sentenced him to an indefinite term of 10 

years to 25 years in prison. The trial court ordered that both sentences be served 

concurrently with one another. 

{¶4} On August 31, 2012, Rembert filed in this court the present petition for 

writ of habeas corpus arguing that his continued imprisonment amounts to cruel and 

unusual punishment because he was not the shooter and did not murder Sylvia 

Bolden. The warden has filed a motion to dismiss. 

{¶5} Rembert’s petition must be dismissed for two reasons. First, R.C. 

2969.25(A) requires an inmate, at the time of commencing a civil action against a 

government entity, to “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.” The Ohio Supreme Court has held that the 

requirements in R.C. 2969.25 apply to state habeas corpus actions and that even 
-2-

belated attempts to file the required affidavit do not excuse his noncompliance. 

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.”). 

{¶6} Here, Rembert, at the time of filing his petition, did not file an affidavit 

as required by R.C. 2969.25. Thus, as mentioned, compliance with the provisions of 

R.C. 2969.25 is mandatory and the failure to satisfy the statutory requirements is 

grounds for dismissal. State ex rel. Washington v. Ohio Adult Parole Auth., 87 Ohio 

St.3d 258, 259, 719 N.E.2d 544 (1999); State ex rel. Zanders v. Ohio Parole Bd., 82 

Ohio St.3d 421, 422, 696 N.E.2d 594 (1998). 

{¶7} The second reason Rembert’s petition fails goes to the underlying basis 

of the petition itself – his claim of innocence. It is well accepted that questions as to 

the guilt or innocence of one convicted of a crime cannot be raised in a habeas 

corpus proceeding. Jackson v. Maxwell, Warden, 174 Ohio St.2d 32, 186 N.E.2d 725 

(1962). 

{¶8} For the foregoing reasons, Respondent’s motion to dismiss is granted 

and Rembert’s petition for writ of habeas corpus is hereby dismissed. 

{¶9} Costs taxed against Rembert. Final order. Clerk to serve notice on the 

parties as required by the Ohio Rules of Civil Procedure. 

Donofrio, J. concurs. 

Vukovich, J. concurs. 

DeGenaro, J. concurs.