1997 OHIO 179 - Jackson v. Rose

[This opinion has been published in Ohio Official Reports at

79 Ohio St.3d 51

.]




               JACKSON, APPELLANT, v. ROSE, WARDEN, APPELLEE.
                      [Cite as Jackson v. Rose,

1997-Ohio-179

.]
Criminal law—Failure to comply with R.C. 2945.05 may be remedied only in a
        direct appeal from a criminal conviction—Claimed violation of R.C.
        2945.05 is not the proper subject for habeas corpus relief.
          (No. 97-30—Submitted May 6, 1997—Decided June 18, 1997.)
     APPEAL from the Court of Appeals for Lorain County, No. 95CA006135.
                                  __________________
        {¶ 1} In 1991, the Lorain County Court of Common Pleas convicted
appellant, Neil S. Jackson, of two counts of aggravated trafficking in drugs and one
count of possessing criminal tools. In 1995, Jackson filed a petition in the Court of
Appeals for Lorain County for a writ of habeas corpus. Jackson claimed in his
petition, as amended, that the trial court had not complied with R.C. 2945.05
because he never signed a jury waiver form and no form was ever filed in his
criminal case. The court of appeals dismissed the petition.
        {¶ 2} The cause is now before this court upon an appeal as of right.
                                ____________________
        Neil S. Jackson, pro se.
        Betty D. Montgomery, Attorney General, and Charles L. Wille, Assistant
Attorney General, for appellee.
                                ____________________
        Per Curiam.
        {¶ 3} Jackson asserts that the court of appeals erred in dismissing his habeas
corpus petition. As the court of appeals held, however, the failure to comply with
R.C. 2945.05 may be remedied only in a direct appeal from a criminal conviction.
State v. Pless (1996),

74 Ohio St.3d 333

658 N.E.2d 766

, paragraph two of the
                            SUPREME COURT OF OHIO




syllabus. A claimed violation of R.C. 2945.05 is not the proper subject for habeas
corpus relief.

74 Ohio St.3d at 339

658 N.E.2d at 770

.
       {¶ 4} Based on the foregoing, the court of appeals properly dismissed
Jackson’s habeas corpus petition. Accordingly, the judgment of the court of
appeals is affirmed.
                                                              Judgment affirmed.
       MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
LUNDBERG STRATTON, JJ., concur.
                             __________________




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