Opinion

Brown v. Leonard

  • 86 Ohio St. 3d 593
  • 1999 Ohio 214
Court
Ohio Supreme Court
Filed
Sep 29, 1999
Status
Published
Cited by
2 cases
Authority
More cited than 50.5%

The opinion

[This opinion has been published in Ohio Official Reports at 86 Ohio St.3d 593.]

BROWN, APPELLANT, v. LEONARD, WARDEN, APPELLEE.

[Cite as Brown v. Leonard, 1999-Ohio-214.]

Habeas corpus sought to effect relator’s immediate release from prison—Dismissal

of petition affirmed.

(No. 99-916—Submitted August 25, 1999—Decided September 29, 1999.)

APPEAL from the Court of Appeals for Allen County, No. 1-99-20.

__________________

{¶ 1} In March 1999, appellant, Lawrence Brown, filed a petition in the

Court of Appeals for Allen County for a writ of habeas corpus to compel his

immediate release from prison. Brown claimed that he was entitled to the writ

because at his criminal trial, he had been denied his constitutional right to a speedy

trial and his trial court had erroneously enhanced his sentence by use of an improper

specification. The court of appeals dismissed Brown’s petition.

{¶ 2} This cause is now before the court upon an appeal as of right.

__________________

Lawrence Brown, pro se.

Betty D. Montgomery, Attorney General, and Michele M. Schoeppe,

Assistant Attorney General, for appellee.

__________________

Per Curiam.

{¶ 3} We affirm the judgment of the court of appeals for the reasons stated

in its opinion. Neither a claimed violation of the right to a speedy trial nor a mere

sentencing error is cognizable in habeas corpus. Russell v. Mitchell (1999), 84 Ohio

St.3d 328, 329, 703 N.E.2d 1249, 1249-1250; Heddleston v. Mack (1998), 84 Ohio

St.3d 213, 702 N.E.2d 1198. Further, Brown waived the additional claims he raises

in this appeal, e.g., ineffective assistance of counsel, by failing to raise them below,

SUPREME COURT OF OHIO

and such claims are also not cognizable in habeas corpus. State ex rel. Porter v.

Cleveland Dept. of Pub. Safety (1998), 84 Ohio St.3d 258, 259, 703 N.E.2d 308,

309; Thomas v. Huffman (1998), 84 Ohio St.3d 266, 267, 703 N.E.2d 315, 315-316.

Judgment affirmed.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and

LUNDBERG STRATTON, JJ., concur.

__________________

2

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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