.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 101548
DENNIS POINTER, #0169-139
RELATOR
vs.
HONORABLE JOSEPH RUSSO, JUDGE
RESPONDENT
JUDGMENT:
PETITION DISMISSED
Writ of Habeas Corpus
Motion No. 476194
Order No. 476765
RELEASE DATE: July 23, 2014
FOR RELATOR
Dennis Pointer, pro se
Inmate No. 0169-139
Cuyahoga County Jail
P.O. Box 5600
Cleveland, Ohio 44113
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
The Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
FRANK D. CELEBREZZE, JR., P.J.:
{¶1} Dennis Pointer has filed a petition for writ of habeas corpus against
respondent Judge Joseph Russo. He seeks an order directing Judge Russo to release him
from his incarceration. In addition, Pointer seeks an order directing Judge Russo to
vacate his plea and reverse his conviction due to an alleged breach of the plea agreement.
Respondent has filed a motion to dismiss, which we grant for the reasons that follow.
{¶2} Pointer recognizes several procedural deficiencies in his petition but has filed
a motion for leave to proceed without filing properly notarized affidavits. However,
even if these procedural requirements could be waived, the petition is still fatally
defective and is without merit.
{¶3} According to the petition, Pointer was convicted of various offenses,
including murder, and he is currently serving a prison term of 15 years to life. Pointer
complains that an impending sexual classification hearing is in violation of his plea
agreement and entitles him to be released from prison.
{¶4} Pointer has failed to attach his commitment papers to his petition as required
by R.C. 2725.04(D). A petitioner’s failure to attach pertinent commitment papers to the
petition renders the petition fatally defective. State ex rel. McCuller v. Callahan,
. Further, the alleged lack of jurisdiction
of a trial court to conduct a sexual classification hearing does not mandate the immediate
release of a convict who is serving a prison sentence that has not yet expired. Id. at ¶ 3.
{¶5} Further, habeas corpus relief is not available where there are other adequate
legal remedies available. State ex rel. Jackson v. McFaul,
(1995). In this case, an appeal will afford Pointer an adequate remedy at law
to challenge the authority of the trial court to conduct a sexual classification hearing.
{¶6} Accordingly, the petition for writ of habeas corpus is dismissed. Costs
assessed against relator. The clerk is directed to serve upon the parties notice of this
judgment and its date of entry upon the journal. Civ.R. 58(B).
{¶7} Petition dismissed.
FRANK D. CELEBREZZE, JR., PRESIDING JUDGE
KENNETH A. ROCCO, J., and
EILEEN A. GALLAGHER, J., CONCUR
