Opinion

Brown v. Bradshaw

  • 126 Ohio St. 3d 265
  • 2010 Ohio 3758
Court
Ohio Supreme Court
Filed
Aug 18, 2010
Status
Published
On the bench
Brown, Pfeifer, Stratton, O'Connor, O'Donnell, Lan-Zinger, Cupp
Cited by
3 cases
Authority
More cited than 76.4%

The opinion

[Cite as Brown v. Bradshaw, 126 Ohio St.3d 265, 2010-Ohio-3758.]

BROWN, APPELLANT, v. BRADSHAW, WARDEN, APPELLEE.

[Cite as Brown v. Bradshaw, 126 Ohio St.3d 265, 2010-Ohio-3758.]

Habeas corpus — Claim of denial of right to be present and to have counsel

present at critical stage of trial — Adequate remedy in ordinary course of

law by way of direct appeal — Writ denied.

(No. 2010-0649 — Submitted August 10, 2010 — Decided August 18, 2010.)

APPEAL from the Court of Appeals for Richland County, No. 10 CA 14.

__________________

Per Curiam.

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

petition of appellant, Felix Brown Jr., for a writ of habeas corpus. “Like other

extraordinary-writ actions, habeas corpus is not available when there is an

adequate remedy in the ordinary course of law.” In re Complaint for Writ of

Habeas Corpus for Goeller, 103 Ohio St.3d 427, 2004-Ohio-5579, 816 N.E.2d

594, ¶ 6. Brown had an adequate remedy by way of direct appeal from his

criminal convictions and sentence to raise his claims that he was denied his right

to be physically present and to have counsel present at a critical stage in his trial,

as well as to have the portion of the trial in which the trial court issued

supplemental jury instructions open to the public. See Bozsik v. Hudson, 110

Ohio St.3d 245, 2006-Ohio-4356, 852 N.E.2d 1200, ¶ 7-9; State v. Davis, 116

Ohio St.3d 404, 2008-Ohio-2, 880 N.E.2d 31, ¶ 90-93.

Judgment affirmed.

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

O’DONNELL, LANZINGER, and CUPP, JJ., concur.

__________________

Felix Brown Jr., pro se.

SUPREME COURT OF OHIO

Richard Cordray, Attorney General, and Gene D. Park, Assistant Attorney

General, for appellee.

__________________

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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