ORIGINAL IN THE. SUP1iEME COURT OF OHIO STATE OF OHIO EX REL., . CASE NO 1 3 - 011 5 2 9 RICHARD CURLEY(399-511) P.O. BOX 8107 • MANSFIELD, OHIO 44901 JUDGE Relator, • V. SUMMIT COUNTY CLERK OF COURTS 205 SOUTH HIGH STREET AKRON, OHIO 44308 Respondent. 1) This Court has inherent jurisdiction over the instant action pursuant to R.C. 2737 of the Ohio Revised code. 2) Relator hereby properly brings forth the instant action. II. BASIS FOR ACTION 3) The basis for the instant action entirely center around Respondent's failure to comply with R.C. 2947.23 of the Ohio Revised Code. In the trial court's original judgment imposing sentence upon Relator, the actual amount costs to be assessed was never explicitly deter- mined. As such, Respondent never acquired subject-matter ^ APR 012013 CLERK OF COURT CUPREME^OURT aFrOMIO COMPLAINT FOR WRIT OF • REPLEVIN AN ORIGINAL ACTION I. JURISDICTION -1- ^^^ GLERK OF COURT REME CCUAT QF (
Transcript
ORIGINAL
IN THE. SUP1iEME COURT OF OHIO
STATE OF OHIO EX REL., . CASE NO 13 - 011 5 2 9
RICHARD CURLEY(399-511)P.O. BOX 8107 •MANSFIELD, OHIO 44901 JUDGE
Relator, •
V.
SUMMIT COUNTY CLERK OF
COURTS205 SOUTH HIGH STREETAKRON, OHIO 44308
Respondent.
1) This Court has inherent jurisdiction over the instantaction pursuant to R.C. 2737 of the Ohio Revised code.
2) Relator hereby properly brings forth the instant action.
II. BASIS FOR ACTION
3) The basis for the instant action entirely center around
Respondent's failure to comply with R.C. 2947.23 of
the Ohio Revised Code. In the trial court's original
judgment imposing sentence upon Relator, the actualamount costs to be assessed was never explicitly deter-mined. As such, Respondent never acquired subject-matter
^APR 012013
CLERK OF COURTCUPREME^OURT aFrOMIO
COMPLAINT FOR WRIT OF• REPLEVIN
AN ORIGINAL ACTION
I. JURISDICTION
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^^^
GLERK OF COURTREME CCUAT QF (
jurisdiction to subsequently order the collection ofcosts from Relator's personal inmate account.
4) Pursuant to R.C. 2947.23 of the Ohi Revised Code, the
judge or magistrate shall include in the sentence the
costs of prosecution, including any costs under section
2947.231 of the Revised Code, and render a judgment
against defendant for such costs.
5) Furthermore, at the time the judge or magistrate imposesjudgment, the judge or magistrate shall notify the defen-dant of both of the following: (a) If the defendantfails to pay the judgment or fails to timely make pay-ments towards that judgment under a payment scheduleapproved by the court, the court may order the defendantto perform community service in an amount of not morethan forty hours per month until the judgment is paidor until the court is satisfied that the defendant isin compliance with the approved payment schedule.
6) The attached judgment(s) were already in the possessionof Respondent at the time it attaempted to collect a
debt from Relator's inmate account.
7) At the time Respondent began garnishing Relator's wagesfrom his inmate account, the accompanying journal entrieswere entirely silent as to any specific amount(s) due
in those j udgments . see exhibits: A , B,C, D.
8) As such, Respondent lacked complete subject-matter juris-diction to collect proceeds from Relator's personal
account.
9) As a result, Relator is fully entitled to Replevin in
this cause,in the amount of $234.70, This amount was
already seized from Relator's personal inmate account
by Respondent.
10) Attached hereto, are copies of the actual documentsfrom the Summit County Clerk's Office concerning theamounts in question. Along with those documents arethe journal entries specifying costs, but failing toexplicitly state the actual amount of what those costswould be. see exhibits; A,B,C,D. ; -, which is required under 2947.23of the Ohio Revised Code.
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11) Because the attached journal entries failed to statewhat specific costs were due, they were in direct vio-
lation of R.C. 2947.23 of the Ohio Revised Code.
12) Based on all of the above, Relator is fully entitledto Replevin as a matter of law.
III. JURY DEMAND AND STATEMENT FOR RELIEF
13) Upon all of the facts as contained in this complaint,Relator requests a jury demand with judgment in hisfavor in the total amount of $234..70 . The above amountis for compensatory damages incurred from the illegal
seizure from Respondent.
14) Relator further moves for judgment, for any other reliefthis Honorable Court deems just and equitable.
15) Relief is hereby accordingly sought.
Respec ully su mi ted,.
RICHARD CURLEY
Relator.
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AFFIDAVIT OF VERITY OF RICHARD CURLEY
STATE OF OHIO ))SS:
COUNTY OF RICHLAND)
I, Richard Curley, after first being duly informed of thepenalty of perjury, hereby swear that the following is true:
1) That I am the named affiant herein.
2) That all of the facts as contained in this complaintare true and fully verifiable through court records
attachments.
3) That upon full review of the facts contained in thiscomplaint, it will be firmly validated that I am en-titled to judgment as a matter of law.
4) That Replevin is the appropriate remedy in this cause.
5) Further affiant sayeth naught.
AFFIANT
Sworn to, and subscribed, in my presence, this c;kU- day of _iflarch
2 0"i 3 .
® ^ e4RYt
DIANE L.SOLTESZ
NOTARY PUBLIC,STATE OF OHIO
My CommissionExpires
April 3, 2oi?
AFFIDAVIT CERTIFYING PRIOR CIVIL ACTIONS AND CRIMINALAPPEALS, O.R.C. 2969.25
STATE OF OHIO ))SS:
COUNTY OF RICHLAND)
I, Richard Curley, after first being duly informed of thepenalty of perjury hereby swear that the following is true:
1) That I am the named affiaht^:herbi=n.
2) That in the past 5-years, I have had no civil actionsar-h4d an successful exim.inal,appeal.
3) Further affiant sayeth naught.
AFFIANT
Sworn to, and subscribed, in my presence, thiso4/day of March
20 3.
NOTA Y
01\11I 111I rUer//i
`^^^\\\^^PRY pUec'^ DIANE L.SOLTESZ
^• \ ° ' = NOTARY PUBLIC,STATE OF OHIO
: ^^0`^ 3•e;^^.^.; ; My CommissionExpires
' ^^'•^Ah^ ^'"^^'^1 ^: April 3, 2017'.. . .
IN THE COURT OF ^^^^^^^^^^N PLEAS
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THE STATE OF O' ► 3IO
vs.
RICHARD LOUIS CURLEY
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J0^^^AL^^ TRY
Term 20 01
THIS DAY, to-wit: The 13th day of February, A.D., 2001, the Defendant's sentencing hearing was held
pursuant to O.R.C. 2929.19. Defense counsel, TIMOTHY IVEY, was present as was the Defendant who was
afforded all rights pursuant to Crim. R. 32. The Court has considered the record, oral statements, as well as
the principles and purposes of sentencing under O.R.C. 2929.11, and the seriousness and recidivism factors
under O.R.C. 2929.12.
IT IS HEREBY ORDERED that the Defendant's motion to withdraw his guilty plea is DENIED.
The Court finds that the Defendant heretofore on January 4, 2001, pled GUILTY to BURGLARY, as
contained in Counts 1, 2, 3, 4, 5, 6, and 7 of the Indictment, which offenses occurred on or about June 11,
1999 through September 4, 2000, which pleas were accepted by the Court.
Thereupon, the Court inquired of the said Defendant if he had anything to say why judgment should
.not be pronounced against him; and having nothing but what he had already said and showing no good and
sufficient cause why judgment should not be pronounced:
The Court.further finds the following pursuant to O.R.C. 2929.13(B):
(1) Victim's suffered serious physical, psychological, or economic harm;
(2) Historv of criminal convictions or delinquency adjudications;
(3) Has not responded favorably to sanctions previously imposed;
(4) Alcohol/drug abuse pattern related to offense and offender does not acknowledge pattern or
refuses treatment;
(5) No genuine remorse;
(6) Previous prison term served; AND
The Court further finds the Defendant is not amenable to community control and that prison is
consistent with the purposes of O.R.C. 2929.11.
IT IS THEREFORE ORDERED AND ADJUDGED BY THIS COURT that the Defendant, RICHARD
LOUIS CURLEY, be committed to the Ohio Department of Rehabilitation and Corrections for a definite term of
3 Years on each of 7 Counts, -which is not a mandatory term pursuant to O.R.C. 2929.13(F), 2929.14(D)(3), or
2925.01, for punishment of the crimes of BURGLARY, Ohio Revised Code Section 2911.12(A) (1), felonies of
the 2nd degree, and that the said Defendant pay the costs of this prosecution for which execution is hereby
awarded; said monies to be paid to the Summit County Clerk of Courts, County Safety Building, 53 University
Avenue, Akron, Ohio 44308-1662.
IT IS FURTHER ORDERED, pursuant to the above sentence, that the Defendant be conveyed to the
Lorain Correctional Institution at Grafton, Ohio, to commence the prson intake procedure.
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The Court further finds,.pursuant to O.R.C. 2929.14(E)(3), that consecutive sentences are necessary to
protect the public and punish the offender, not disproportionate to the conduct and to the danger the offender
poses, and:(1) The crimes were committed while awaiting trial/sentencing, under sanction, or under post-release
control;(2) The harm was so great or.unusual that single term does not adequately reflect the seriousness of
the conduct;(3) The offender's criminal history shows that consecutive terms are needed to protect the public.
IT IS FURTHER ORDERED that the sentence imposed in Counts 1, 2, 3, 4, 5, 6, and 7 be served
CONSECUTIVELY and not concurrently with each other.After release from prison, the Defendant is ordered subject to post-release control to the extent the
parole board may determine as provided by law. Defendant is ORDERED to pay all prosecution costs,
including any fees permitted pursuant to O.R.C. 2929:18(A)(4).
IT IS FURTHER ORDERED that the Defendant be given credit for 147 days served in the Summit
County Jail as of the date of sentencing, February 13, 2001, as agreed to by all pa-rties.
APPROVED:February 14, 2001sph
JOHN R. ADAMS, JudgeCourt of Common PleasSummit County, Ohio
cc: Prosecutor Brian LoPrinziCriminal AssignmentAttorney Timothy IveyAdult Probation Department
BookingCourt Convey
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11 i.C1 17E 0-" lJ^!1"VS l
)ss:. F APPEALSCOU^TTY OF S^ET )D^^ Li h:l^ fHOf ?iCAN
STATE OF OPEO ' o
Appellee 'OUitiWIT COU J`(CL ERK OF CO JRTS
V.
RICHARD L. CURLEY
Appel "lant
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1Ni_rrTH RUDzCIA..L DISTRICT
C A. No. 26057
MAGIi^TRIAfE'^ ORDER
On August 2, 2011, Richard Curley moved this Court for leave to file a delayed
appeal from the trial court's March 22, 2011, and May 18, 2011, ezltries. According to
Mr. Curley, the delay occurred because he was not served with the May 10, 2011, entry
until June 24, 2011.
Upon review, the motion is denied, as Nir. Curley has not explained why he filed
his notice of appeal more than thirty days from the June 24, 2011, service date. The
attempted appeal is, dismissed. Costs are taxed to Mr. Curley.
The clerk of courts is ordered to mail a notice of entry of this judgment to the
parties and make a notation of the miling in the docket, pursuant to App.R. 30, and to
provide a certified copy of the order to the clerk of the t.r°ial court. Tne clerk of the tria:
court is ordered to provide a copy of this order to the judge who presided over the ty-ial
court action.
Judge
Concur: ;rue ct^p cf t's oc±ciri:.gCcbM-oore, J. 0c
