COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 78078
STATE OF OHIO, EX REL.        :
THOMAS C. BROWN               :      PETITION FOR WRIT
                              :      OF HABEAS CORPUS
               PETITIONER     :
                              :      JOURNAL ENTRY AND OPINION
          -vs-                :
                              :
HIGHLAND HEIGHT POLICE        :
DEPARTMENT                    :
                              :
               RESPONDENT     :
DATE OF JOURNALIZATION:            JUNE 5, 2000
CHARACTER OF PROCEEDING:           HABEAS CORPUS
JUDGMENT:                          DISMISSED
APPEARANCES:
FOR RELATOR:                       FOR RESPONDENT:
THOMAS C. BROWN, PRO SE            DANIEL W. TAYLOR, ESQ.
5827 Highland Road                 1360 SOM Center Road
County Jail                        Cleveland, Ohio 44124-2189
Highland Heights, Ohio
                               -2-
DYKE, A.J.:
     Thomas C.  Brown, petitioner, is  seeking a  writ of  habeas
corpus to secure his release from respondent, the Highland Heights
Police Department.  Petitioner alleges he was incarcerated in the
Highland Heights jail by order of Judge Mary Kay Bozza for failure
to post an  appeal bond following a  bench trial for speeding,  a
guilty verdict, and the  denial of his motion to stay  sentencing
filed with his notice of appeal.  For the reasons that follow, we
dismiss the Petition for Writ of Habeas Corpus.
     A review of the petition indicates that petitioner has failed
to comply with the requirements of R.C. 2725.04(D) and Loc. App.R.
45(B)(1)(a). The statute requires that a copy of the commitment or
cause of detention be  submitted along with the petition and  the
rule  requires that  the petition  be supported  by an  affidavit
specifying the  details of a  petitioner's claim.   Absent  these
supporting documents, dismissal of a petition for habeas corpus is
warranted.  In the Matter of Corley (May 6, 1999), Cuyahoga  App.
No. 76377, unreported; see State ex rel. Wynn v. McFaul (1998), 81
Ohio St.3d 193, 690 N.E.2d 7; State ex rel. Sostre v. McFaul (Apr.
24, 2000), Cuyahoga App. No. 77893, unreported.
     In addition, a writ of habeas corpus will not be allowed if it
appears that  a  petitioner is  being  confined pursuant  to  the
judgment  of a  court possessing  jurisdiction to  render such  a
judgment.   R.C.  2725.05.   Petitioner  does not  challenge  the
jurisdiction of the committing  judge, but instead raises  issues
concerning the judge's rulings during trial and with respect to his
                               -3-
post-trial motion.  All of petitioner's allegations may be raised
in an appeal to this court, and petitioner may file with this court
a motion for suspension of execution of his sentence pursuant  to
the appellate rules.  A petition for habeas corpus may not be used
as a substitute for an appeal.  State ex rel. Mancini v.  Dunning
(Mar. 16, 1999), Cuyahoga App. No. 76129, 76130, unreported.
     Accordingly, the  Petition  for  Writ of  Habeas  Corpus  is
dismissed.  Costs to petitioner.
TIMOTHY E. MCMONAGLE, J.      AND
JAMES M. PORTER     , J., CONCUR.
                                         ADMINISTRATIVE JUDGE
                                               ANN DYKE
 
 
 
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