Background
In 2011, Dejuan Carlton pleaded guilty in Stark County to aggravated murder and aggravated robbery, with firearm specifications, and received an aggregate sentence of 23 years to life. His later request to file a delayed appeal was denied.
In July 2025, Carlton petitioned the Seventh District Court of Appeals for habeas corpus, asserting that his imprisonment lacked legal authority because the sentencing court had acted without a properly signed journal entry. The warden moved to dismiss, and the Seventh District concluded that the petition was not verified as required by R.C. 2725.04.
The Court’s Holding
The Supreme Court of Ohio affirmed. R.C. 2725.04 requires a habeas petition to be signed and verified by the person seeking relief or someone acting for that person. Verification requires a sworn declaration of the truth of the petition’s factual statements.
Carlton’s counsel signed the petition and certificate of service, but neither Carlton nor counsel swore to the truth of the allegations. A lawyer’s signature under Civil Rule 11 only represents that the lawyer has read the filing and believes there is good ground to support it; it does not supply the statutory verification. Because the verification defect required dismissal, the court did not reach the merits of Carlton’s jurisdictional argument. It also denied his request for oral argument because he did not file the required motion.
Key Takeaways
- A habeas petition must include a sworn verification under R.C. 2725.04.
- An attorney’s ordinary signature on a pleading or certificate of service is not a verification.
- A fatal verification defect permits dismissal without reaching the habeas claim’s merits.
Why It Matters
The decision reinforces that Ohio habeas petitioners must satisfy the statute’s verification requirement, even when represented by counsel. Counsel should ensure that either the petitioner or an authorized person formally swears to the petition’s factual allegations before filing.