COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 79794
IN RE: CLIFFORD WRIGHT          :
                                :
     Relator                    :
                                :  JOURNAL ENTRY
     -vs-                       :       AND
                                :     OPINION
BEN BOWER, SUPERINTENDENT       :
                                :
     Respondent                 :
CHARACTER OF PROCEEDINGS:          PETITION FOR  WRIT  OF  HABEAS
                                   CORPUS
JUDGMENT:                          WRIT GRANTED.
DATE OF JOURNALIZATION:            JULY 16, 2001
APPEARANCES:
For Relator:                       David Bodiker
                                   Jill E. Beeler
                                   Assistant Public Defender
                                   Ohio Public Defenders Comm.
                                   8 East Long Street - 11th Fl.
                                   Columbus, Ohio 43215-2998
For Respondent:                    Betty Montgomery, Atty. General
                                   Bruce D. Horrigan
                                   Assistant Attorney General
                                   State Office Bldg., 11th Floor
                                   526 West Superior Avenue
                                   Cleveland, Ohio 44113
                                   George Lewis
                                   Department of Youth  Services,
                                   Legal Division
                                   51 N. High Street, 3d Floor
                                   Columbus, Ohio 43215
ANNE L. KILBANE, J.:
     Petitioner, Clifford Wright, found a delinquent child in  In
                               -2-
the Matter of Clifford Wright, Mahoning County Common Pleas Court,
Juvenile Division,  Case No. 00  JA 2045,  commenced this  habeas
corpus action against respondent, Ben Bower, the Superintendent of
the Cuyahoga  Hills Juvenile Correctional  Facility, to seek  his
release from  a commitment  of at least  six months  to the  Ohio
Department of Youth Services.  Mr. Wright submits that the  judge
exceeded his jurisdiction  in the underlying case because he  was
charged  with Failure to  Comply with Order  or Signal of  Police
Officer, a misdemeanor,  but was committed  to the Department  of
Youth Services for  a felony. Mr. Bower,  in his return of  writ,
conceded that Mr. Wright  states a meritorious claim for relief in
habeas.  Thus,  the disposition of  the Mahoning County  Juvenile
Court, committing Petitioner to the custody of ODYS was in  error
and the Writ should issue.
     This court grants the  writ of habeas corpus and orders  the
following relief: Mr. Bower is ordered to release Clifford Wright
from commitment to a  parent or guardian and to immediately  make
arrangements with the  parent or guardian to effect the  release.
This order should not be construed to prohibit the Mahoning County
Juvenile Court from taking  any appropriate action in any of  Mr.
Wright's  pending cases.   Final.   Mr. Bower to pay costs.   The
clerk is directed to serve upon the parties notice of this judgment
and its date of entry upon the journal. Civ.R. 58(B).
                                             JUDGE
                                        ANNE L. KILBANE
JAMES D. SWEENEY, P.J.,       and
                               -3-
COLLEEN CONWAY COONEY, J., CONCUR
 
 
 
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