Opinion

Haynes v. Humphreys

  • 1992 Ohio 36
Court
Ohio Supreme Court
Filed
Jul 21, 1992
Status
Published
Cited by
0 cases
Authority
More cited than 39.5%

The opinion

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Haynes, Appellant, v. Humphreys, Warden, Appellee.

[Cite as Haynes v. Humphreys (1992), Ohio St.3d .]

Habeas corpus -- Relief denied when adequate remedy at law

exists -- Claim of ineffective assistance of appellate

counsel -- Claim may be raised in application for

reconsideration in court of appeals or in direct

appeal to Supreme Court.

(No. 91-1447 -- Submitted April 7, 1992 -- Decided July

22, 1992.)

Appeal from the Court of Appeals for Lorain County, No.

91CA005050.

Appellant, Donnell Haynes, was convicted of aggravated

robbery with a firearm specification and having weapons under

disability. He was sentenced to seven to twenty-five years of

imprisonment on the aggravated robbery charge, three years of

actual incarceration on the specification, and one year of

incarceration on the weapons charge, to be served concurrently

with the sentence for armed robbery. He appealed to the court

of appeals, but his appeal was dismissed for failure to file a

brief.

Thereafter, appellant sought a writ of habeas corpus in

the court of appeals, alleging ineffective assistance of

appellate counsel in violation of his Sixth and Fourteenth

Amendment rights. The court of appeals dismissed the petition

because it did not allege lack of jurisdiction by the trial

court.

The cause is before the court upon an appeal as a matter

of right.

Donnell Haynes, pro se.

Lee I. Fisher, Attorney General, and Donald Gary Keyser,

for appellee.

Per Curiam. In In re Petition of Brown (1990), 49 Ohio

St.3d 222, 551 N.E.2d 954, and Manning v. Alexander (1990), 50

Ohio St.3d 127, 553 N.E.2d 264, we held that appeal, not habeas

corpus, was the proper remedy to claim ineffective assistance

of appellate counsel. In State v. Murnahan (1992), 63 Ohio

St.3d 60, 584 N.E.2d 1204, we held at paragraph two of the

syllabus:

"Claims of ineffective assistance of appellate counsel may

be raised in an application for reconsideration in the court of

appeals or in a direct appeal to the Supreme Court pursuant to

Section 2(B)(2)(a)(iii), Article IV of the Ohio Constitution.

* * *"

Therefore, we affirm the judgment of the court of appeals

based on Brown, Manning, and Murnahan, supra.

Judgment affirmed.

Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown

and Resnick, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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