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Robinson v. Fender
Citation: 2020 Ohio 983Docket: 2019-A-0084
Court: Ohio Court of Appeals; March 16, 2020; Ohio; State Appellate Court
Original Court Document: View Document
Jackie N. Robinson filed a petition for a writ of habeas corpus seeking his immediate release from the Lake Erie Correctional Institution, claiming his incarceration stems from June 1979 convictions that he contends are void. He argues two main points: (1) two of the three consecutive sentences he received were unlawfully enhanced, and (2) the bindover process was flawed, depriving the sentencing court of jurisdiction. Robinson’s prior convictions include a 1976 burglary, for which he was sentenced to an indefinite term of two to fifteen years. After his release, he was convicted of aggravated robbery, carrying a concealed weapon, and having a weapon under disability, leading to the 1979 sentences that he now challenges. He argues that because burglary is not classified as an offense of violence, the enhancements applied to his later sentences were incorrect. The court dismissed his petition, stating it failed to present a valid claim for relief, as the legal basis for his argument regarding sentence enhancement was flawed. The court noted that at the time of his sentencing, burglary was considered an enhancing offense of violence in Ohio law. Additionally, Robinson's claim regarding the jurisdictional issue was not properly before the court because he did not attach the necessary bindover papers to his petition, which is required by law for a complete understanding of the case. The court emphasized that failure to include all pertinent commitment papers renders the petition defective, leading to its dismissal. The motion to dismiss filed by the respondent, Warden Douglas Fender, was granted, and Robinson's petition was dismissed. The decision was concurred by Judges Thomas R. Wright, Matt Lynch, and Mary Jane Trapp.