Opinion

State ex rel. Bevins v. Johnson

  • 133 Ohio St. 3d 80
  • 2012 Ohio 3922
Court
Ohio Supreme Court
Filed
Sep 5, 2012
Status
Published
On the bench
O'Connor, Pfeifer, Stratton, O'Donnell, Lanzinger, Cupp, Brown
Cited by
1 cases
Authority
More cited than 59.8%

The opinion

[Cite as State ex rel. Bevins v. Johnson, 133 Ohio St.3d 80, 2012-Ohio-3922.]

THE STATE EX REL. BEVINS, APPELLANT, v. JOHNSON, WARDEN, APPELLEE.

[Cite as State ex rel. Bevins v. Johnson, 133 Ohio St.3d 80, 2012-Ohio-3922.]

Habeas corpus—Failure to state a viable claim—Adequate remedy at law

available—Court of appeals’ dismissal of petition affirmed.

(No. 2012-0586—Submitted August 22, 2012—Decided September 5, 2012.)

APPEAL from the Court of Appeals for Madison County, No. CA2012-01-005.

__________________

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals dismissing the

petition of appellant, Andrew Bevins Jr., for a writ of habeas corpus. Bevins’s

claims are not cognizable in habeas corpus. Boles v. Knab, 130 Ohio St.3d 339,

2011-Ohio-5049, 958 N.E.2d 554, ¶ 1 (speedy trial); Thomas v. Huffman, 84 Ohio

St.3d 266, 267, 703 N.E.2d 315 (1998) (equal protection); Bellman v. Jago, 38

Ohio St.3d 55, 55-56, 526 N.E.2d 308 (1988) (due process). Bevins had an

adequate remedy by appeal to raise his claims.

Judgment affirmed.

O’CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O’DONNELL,

LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.

__________________

Andrew Bevins Jr., pro se.

Michael DeWine, Attorney General, and Hilda Rosenberg, Assistant

Attorney General, for appellee.

______________________

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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