On Wednesday, November 27, 2024, Russell Jones filed a petition for an Emergency Writ of Habeas Corpus in the Ohio Supreme Court against the Delaware County Common Pleas Court and the Delaware County Child Support Enforcement Agency (DCCSEA). The petition alleges multiple violations of Jones’s constitutional rights in connection with child support orders imposed during his incarceration.
In his filing, Jones claims that the DCCSEA and the Delaware County Domestic Relations Division issued an illegal child support order against him in 2003 while he was imprisoned. He argues that the order was based on fraudulent representations made by Kelli Cunningham, the mother of his child, who allegedly conspired with her parents to mislead authorities about her residency in order to qualify for public assistance.
Jones asserts that Cunningham’s family submitted false documentation to the DCCSEA, claiming she lived with them while pregnant, when in fact, she resided with Jones. According to the complaint, this misrepresentation was intended to secure financial aid that she would not have qualified for if her cohabitation with Jones had been disclosed.
The petition further contends that Jones was denied his constitutional right to a jury trial for disputes involving monetary claims exceeding $20, as guaranteed by the Seventh Amendment of the United States Constitution. He cites case law to illustrate that this denial of a jury trial is a fundamental violation of his rights.
Additionally, Jones highlights procedural issues involving the Delaware County Common Pleas Court. He states that a defective judgment entry, later amended, delayed his access to crucial documents that were necessary for responding to the court’s actions. This, he argues, resulted in significant time loss, hindering his ability to adequately defend himself in the ongoing child support proceedings.
The petition claims that the Delaware County Court failed to demonstrate “corpus delicti” or injury in fact, which Jones argues is essential for any valid legal judgment. He states that his requests for proof of lawful injury have been ignored by the court, raising further concerns about the legitimacy of the proceedings against him.
Judicial misconduct is also a major theme in the complaint. Jones alleges that Judges Randall D. Fuller and Jamie I. Allen acted outside their jurisdiction and violated judicial canons by issuing orders without due process. He argues that these actions have rendered the judgments null and void, violating principles of judicial integrity and independence.
Jones’s filing references the overturning of the Chevron Doctrine, which he claims affects the validity of the child support order. He argues that recent Supreme Court rulings require stricter scrutiny of agency actions, particularly those involving constitutional rights and the authority of quasi-judicial entities like the DCCSEA.
In his request for relief, Jones seeks an emergency order to vacate the child support order and related judgments, citing a lack of jurisdiction as a primary reason. He also demands monetary damages for wrongful imprisonment and the ongoing violation of his rights since 2003.
A copy of the original filing can be found here.
