CLERK OF COURT I SUPREME COURT OF ^ CASE NO. IN THE SUPREME COURT OF OHIO 2007 IN THE MATTER OF THE COMPLAINT FOR WRIT OF MANDAMUS FOR

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1 IN THE SUPREME COURT OF OHIO 2007 IN THE MATTER OF THE COMPLAINT FOR WRIT OF MANDAMUS FOR CASE NO. KENT TAYLOR, INMATE # LONDON CORRECTIONAL INST. P.O. BOX 69 LONDON, OHIO Petitioner, JUDGE J. TIMOTHY CAMPBELL, GREENE COUNTY, OHIO COMMON PLEAS COURT 45 N. DETROIT STREET XENIA, OHIO Respondent. Kent Taylor, Inmate # London Correctional Inst. P.O. Box 69 London, Ohio Petitioner, Pro Se CLERK OF COURT I SUPREME COURT OF ^ Greene County Prosecuting Attorney Office 61 Greene Street Xenia, Ohio Counsel for the Respondent

2 IN THE SUPREME COURT OF HIO 2007 IN THE MATTER OF KENT TAYLOR INMATE # LONDON CORRECTIONAL INST. P.O. BOX 69 LONDON, OHIO CASE NO. COMPLAINT FOR WRIT OF MANDAMUS PURSUANT TO O.R.C Petitioner, To the Honorable Justice of the Supreme Court of Ohio: Now comes the Petitioner, Kent Taylor, pro se, who hereby respectfully request this Court for an order issuing a writ of mandamus against the Respondent, Judge J. Tiinothy Cainpbell, compelling the court to fulfill it's statutory duty under O.R.C (C) of issuing findings of fact and conclusions of law that addresses the three claims raised by the Petitioner in the petition for postconviction relief filed on November 13, Additionally, the Petitioner hereby respectfully request this Court for an order issuing a writ of mandamus against Judge Campbell compelling the court to also fulfill it's statutory duty under O.R.C (C)(1) to promptly schedule a hearing on his motion for return of property unlawfully seized by law enforcement agency filed on November 27, First Cause of Action 1. On November 13, 2007, the petitioner filed a pro se petition for post-conviction relief pursuant to R.C , in the Greene County Coinmon Pleas Court under Case No CR 876, raising three claims of ineffective assistance of counsel for relief. The first claim by petitioner in the postconviction petition set forth a claim that his trial counsel was ineffective when he coerced or induced his guilty plea by telling him that because he was an African-American male from the city of Dayton,

3 Ohio he would not get a fair trial on the charges he was facing in the indictment because he would probably facing a all white jury panel at trial; The second claim in the post-conviction petition set forth a claim that trial counsel was ineffective for advising the petitioner to act as if he understood the trial court's question during the Criminal Rule 11 colloquy at his guilty plea hearing even if he did not understand or agree with the court's question; The third claim in the petition set forth a claim that trial counsel was ineffective for advising him to enter a guilty plea without adequately investigating the legal issues of filing a pretrial motion motion to suppress the evidence and motion to challenge the venue in Greene County, Ohio to legally prosecute the criminal case. 2. On December 3, 2007, the State filed it's Answer to Defendant's Petition for Post-Conviction Relief and the State's Response to Defendant's Motion for Post-Conviction Relief. 3. On or about December 17, 2007, the petitioner filed a Motion to Strike on Procedural Grounds the State's Answer and Response to Defendant's Motion for Post-Conviction Relief filed on December 3, 2007, by the Greene County Prosecuting Attomey's Office was filed untimely pursuant to R.C (D) within ten days after the docketing of the Petition for Post-Conviction Relief. 4. On December 19, 2007, Judge Campbell of the Greene County Common Pleas Court issued a insufficient judgment denying the claims in petition for post-conviction relief without written findings and conclusion as required by R.C (C), that address the petitioner's three claims of ineffective assistance of trial counsel, and the court's reasons within the records for such dismissal of the claims for relief. 5. The petitioner contends this Supreme Court has already held mandamus will lie to compel the court to include findings of facts and conclusion of law in a judgment entry denying relief State ex rel. Ferrell v. Clark, 13 Ohio St.3d 3, 469 N.E.2d 843 (1984)

4 6. The petitioner contends the December 19, 2007, judgment entry filed by Respondent denying his petition for post-conviction relief is not a final appealable order, and any appeal by him from such order would be disniissed and the case will be remanded to back to the trial court for the entry of such findings of fact and conclusions of law. State v. Perkins, 5 Ohio App.3d 182, 450 N.E.2d 733 (1982). Wherefore, the petitioner hereby request this Court for an order that issues a writ of mandamus against the trial court compelling Respondent to comply with his statutory duty under R.C (C) of issuing findings of fact and conclusion of law on his elaims raised in the post-conviction petition as required by law. Second Cause of Action 7. On November 27, 2007, the petitioner filed a pro se motion for return of property unlawfully seized by the law enforcement agency pursuant to RC (A), in the Greene County Common Pleas Court under Case No CR 876, requesting the trial court to issue an order directing the Greene County law enforcement agency having custody of his unknown amount of U.S. Currency and Motorola cellular phone seized to return such property back to him. 8. Also, on December 17, 2007, the petitioner filed a pro se amended motion for return of property unlawfully seized by the law enforcement agency requesting the trial court to issue an order directing the Greene County law enforcement agency having custody of his vehicle at the Busy Bee Towing Company seized to return such property back to him. 9. The petitioner contends that Judge Campbell of the Greene County Common Pleas Court has failed to fulfill the trial court's statutory duty under R.C (C)(1) of promptly scheduling a hearing on his motions for return of property and causing notice of the date and time of such hearing to be given to him as the movant and the prosecuting attorney of the county in which his property was seized.

5 Wherefore, the petitioner hereby request this Court for an order that issues a writ of mandamus against the trial court compelling the Respondent to coinply with his statutory duty under R.C (C)(1) of promptly scheduling a hearing on his motion for returrt of property as required by law. Respectfully,Submitted. ll-^ Kent Taylor, Inlnate # London Correctional Inst. P.O. Box 69 London, Ohio Petitioner, Pro Se Affidavit of Verity I, Kent Taylor, after first being duly sworn accordingly by law, do hereby dispose and testify the following statements and cause of action raised in this writ of >.nandamus complaint are true and accurate to the best of my knowledge and belief. Kent Taylor Sworn to and subscribed to in my presence, a Notary Public on this^co/h day of December, 11 q^o (^^ My Commission Expire _A.unr ^ t";'!lbert A. HuP,wooD Notery Public ir^ e^d far it,e ",tate of Ohio anurussiori 'Lxpires

6 IN THE COMMONPLEAS COURT OF GREENE COUNTY, OHIO CRIMINAL DIVISION 2007 STATE OF OHIO, PCaintiff-Respondent, -YS- KENT TAI'LOR, Case No CR 876 Judge Campbell Evidentiary Hearing RequesN[L,, ^ ^ rn n a rn^n ;T ^:L: C'J rr. Defendant-Petitioner. PETITION FOR POST-CONVICTION RELIEF f ^',^ 7 Now comes the Petitioner, Kent Taylor, pro se, who hereby petitions this Common Pleas" Court for post-conviction relief pursuant to Ohio Revised Code under the following reasons: 1. The Petitioner was indicted December 21, 2006, for Count One: O.R.C (A)(1) Engaging in Pattern of Corrupt Activity, a felony of the" first degree; Count Two: O.R.C (A)(2), Conspiracy to Commit Engaging in a Pattem of Corrupt Activity, a felony of the second d,egree; Count Three: O.R.C (A)(2), Complicity to Trafficking in. Cocaine,`a felony of the third degree; Count Four: O.R.C (A)(2), Complicity to Trafficking in Cocaine, a felony of the second degree; Counts Five and Six: O.R.C '1(A), Possession of Cocaine, felonies of the fourth degree; Counts Seven and Eight: O.R.C (A), Possession of Criminal Tools, felonies of the fifth degree. 2. The Petitioner was convicted of Count Five: Possession of Cocaine, a violation of O.R.C (A), a felony of the fourth degree; Count Six: Possession of Crinzinal Tools, a violation of O.R.C (A), a felony of the fifth degree; Count Seven: Possession of Cocaine, an amended plc^sg s-^^q:^^, ^> ll piyqo S^rq o 6 To ^G`jC ^ i o rt C-

7 IN THE COMMON PLEAS COURT OF GREENE COUNT4^;^0 CRIMINAL DIVISION 2007 STATE OF OHIO, Case No. 2007CR876 Plaintiff-Respondent, Judge Campbell ^cf ^py 4r.. r.rwy..^!ij IV^^ 4 TJ,C^ o, -VS- Hearing Requested Pursuant To R.C (C). KENT TAYLOR, Defendant-Petitioner. DEFENDANT'S AMENDED MOTION FOR RETURN OF PROPERTY UNLAWFULLY SEIZED BY LAW ENFORCEMENT AGENCY Now comes the defendant, Kent Taylor, pro se, who hereby request this Court for leave to file this amended motion for return of property to include additional seized property that was not set forth in his original motion for return of property pursuant to R.C (A), filed on November 27, The defendant's amended specified reasons why the seizore of his motor vehicle was unlawful seized by the Greene County A.C.E. Task Force, and request for this Court to issue an order that directs the law enforcement agency to return the vehicle back to hnn, is more clearly set forth in the attached memorandum hereto.. Respectfully submitted, C^Sx' S^ ri^ {t^ T t^ d rt^j \LQ"^" Rry 1 U 10n(Z; cr Kent Taylor, Inii%fate # London Correctional Inst. P.O. Box 69 London, Ohio

8 IN THE COMMON PLEAS COURT OF GREENE COUNTY, OHIO CRIMINAL DI'VISION r' c. ^ 2007 STATE OF OHIO, CASE NO. 2007CR876 Plaintiff-Respondent, Judge Campbell Hearing Requested R.C (0, KENT TAYLOR, Defendant-Petitioner. MOTION FOR RETURN OF PROPERTY UNLAWFULLY SEIZED BY THE LAW ENFORCEMENT AGENCY Now comes the Petitioner, Kent Taylor, Pro Se, who hereby respectfully moves this Court pursuant to R.C (A) for return of unlawfully seized property that potentially is subject to forfeiture under R.C or R.C The Petitioner's specified reasons why the seizure of the property was unlawfiil, and reasons why he is/lawfully entitled to possession of the seized property, and request for the court of common pleas to issue an order. that mandates the law enforcement agency having custody of his seized property to return to him, is more clearly set forth in the attached memorandum hereto. Respectfully submitted, Kent Taylor, Inzn # London Correctional Inst. P.O. Box 69 London, Ohio Petitioner, Pro Se 1

9 IR[:1=Ni [;QU?)"" nhio' Fl+ i. 2GO7 OE 1 9 AM I I: L+3 1 "Ei2Rf }a,_ 11/5.7.:U(;, GI.EF'iK COh1tI0-N f'i:c:i.3 C'.OGIRT GREENE Couh;Tr', OHIO IN THE COMMON PLEAS COURT OF GREENE COUNTY, OHIO CRIMINAL DIVISION STATE OF OHIO -vs- KENT TAYLOR Plaintiff CASE NO CR 876 Defendant JUDGMENT This matter is before the Court upon the Defendant's Petition for Post-Conviction Relief filed November 13, 2007 and the State's Answer to Defendant's Petition for Post- Conviction Relief and the State's Response to Defendant's Motion for Post-Conviction Relief, both filed December 3, The Court has reviewed the Defendant's Petition and the State's filings and has reviewed the Plea and Sentencing hearing of August 15, The Defendant has failed to submit, either by affidavit or otherwise, any evidentiary material in support of his allegations of ineffective assistance of counsel. The Court is of the view that the Defendant is not entitled to a hearing as any evidence presented by the Defendant does not nzaterially advance his claim nor is there

10 any showing that his counsel performance fell below any objective standard. This was a stipulated sentence. Tlierefore, the Defendant's request for a hearing is hereby DEti'IED and the Defendant's post-conviction relief motion is OVERRULED in its entirety. IT IS SO ORDERED. A copy was served upon the following on the date of the file-stamp: Stephanie R. Hayden, Assistant Prosecutor Kent Taylor, , London Correctional Institution, P.O. Box 69, London, OH 43140