Spears v. Deweese

{¶ 1} On November 5, 2002, appellee Judge James DeWeese of the Richland County Court of Common Pleas sentenced appellant, Gregory Spears, to five years in prison for rape.

{¶ 2} On December 5, 2003, Spears filed a petition in the Court of Appeals for Richland County for a writ of habeas corpus to compel his immediate release from prison. Spears named appellees, Judge DeWeese and Richland Correctional Institution Warden Julius Wilson, as respondents. Spears claimed that he was entitled to the writ because Judge DeWeese failed to comply with the requirements of R.C. 2701.061 and consequently…