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STATE EX REL. RACIC v. STARK CTY. SHERIFF

No. 2009 CA 00285.

2009 Ohio 6436

State of Ohio, Ex. Rel. Peter A. Racic, Petitioner, v. Stark County Sheriff, Respondent.

Court of Appeals of Ohio, Fifth District, Stark County.

Dated: December 7, 2009.

Attorney(s) appearing for the Case

Anthony Koukoutas, 111 Second Street, N.W., Ste. 302, Canton, Ohio 44702, for Petitioner.

No Appearance, for Respondent.

Before: Sheila G. Farmer, P.J., W. Scott Gwin, J., Julie A. Edwards, J.

OPINION

GWIN, J.

{¶1} Petitioner, Peter A. Racic, has filed a Petition for Writ of Habeas Corpus. He states his bond was revoked because he requested a trial.

{¶2} Petitioner has not attached a copy of the relevant commitment papers to his Petition in compliance with R.C. 2725.04(D). The Supreme Court has held failure to comply with this requirement is a fatal defect which cannot be cured, "[C]ommitment papers...

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