Legal Opinion

State ex rel. Wynn v. McFaul

Ohio Supreme Court

Decided March 4, 1998No. 97-2036PublishedCited by 7 opinions

1Per curiam

Wynn asserts that, the court of appeals erred in dismissing his petition. In order to withstand dismissal, a petition for a writ of habeas corpus must conform to R.C. 2725.04 and allege with particularity the extraordinary circumstances entitling the petitioner to the writ. Workman v. Shiplevy (1997), 80 Ohio St.3d 174, 685 N.E.2d 231.

The court of appeals properly dismissed Wynn’s petition because he did not comply with the R.C. 2725.04(D) requirement to attach his pertinent commitment papers. Wynn did not attach a copy of the capias for his arrest, which he alleged to be the cause of his…

2Cases cited3 opinions

  1. Bloss v. RogersOhio Supreme Court · 1992
  2. McBroom v. RussellOhio Supreme Court · 1996
  3. Workman v. ShiplevyOhio Supreme Court · 1997

3Cited by7 opinions

  1. Boyd v. MoneyOhio Supreme Court · 1998
  2. Boyd v. MoneyOhio Supreme Court · 1998
  3. Bates v. [Respondent]Ohio Court of Appeals · 2020
  4. Fears v. CooperOhio Court of Appeals · 2014
  5. Matter of Corley, Unpublished Decision (5-6-1999)Ohio Court of Appeals · 1999

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