Opinion

Woodfork v. Russell

  • 39 Ohio St. 3d 138
  • 529 N.E.2d 928
  • 1988 Ohio LEXIS 320
Court
Ohio Supreme Court
Filed
Oct 12, 1988
Status
Published
On the bench
Brown, Douglas, Holmes, Locher, Moyer, Sweeney, Wright
Cited by
2 cases
Authority
More cited than 69.4%

The opinion

Per Curiam.

The court of appeals held that the counts of the indictment at issue were phrased in terms of the statute in compliance with Crim. R. 7 and denied the writ. Even if the indictment had been flawed, appeal or post-conviction relief, not habeas corpus, is the proper remedy. Walker v. Maxwell (1965), 1 Ohio St. 2d 136 , 30 O.O. 2d 487, 205 N.E. 2d 394 ; Freeman v. Maxwell (1965), 4 Ohio St. 2d 4 , 33 O.O. 2d 2, 210 N.E. 2d 885 . Habeas corpus is not a proper remedy when a person is confined by judgment or order of a court that had jurisdiction in the matter. Stahl v. Shoemaker (1977), 50 Ohio St. 2d 351 , 4 O.O. 3d 485, 364 N.E. 2d 286 . Accordingly, the judgment of the court of appeals is affirmed.

Judgment affirmed.

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