In Re: Tony D. Smith, Petitioner,
v.
Keith Smith, Warden, Respondent.
Court of Appeals of Ohio, Fifth District, Richland County.https://leagle.com/images/logo.png
DATE OF JUDGMENT ENTRY: April 14, 2009.
DATE OF JUDGMENT ENTRY: April 14, 2009.
Attorney(s) appearing for the Case
Tony D. Smith, Mansfield Correctional Institution, 1150 North Main Street, Mansfield, OH 44901, Columbus, OH 43215, for Petitioner — pro se.
Samuel Peterson, Assistant Attorney General, Criminal Justice Section, 150 East Gay Street — 16th Floor, for Respondent.
Before: Hon. John W. Wise, P.J, Hon. Julie A. Edwards, J., Hon. Patricia A. Delaney, J.
Court of Appeals of Ohio, Fifth District, Richland County.
OPINION
DELANEY, J.
{¶1} Petitioner Tony D. Smith, acting pro se, filed a petition for writ of habeas corpus seeking release from prison on the grounds the maximum sentence for which the law required him to serve has expired. Respondent Keith Smith, warden of the Mansfield Correctional Institution, filed a motion to dismiss pursuant to Civ.R. 12(B)(6), arguing the petition fails to state a claim upon which relief may be granted. Smith opposed...
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