Opinion

Blackburn v. Jago

  • 39 Ohio St. 3d 139
  • 529 N.E.2d 929
  • 1988 Ohio LEXIS 321
Court
Ohio Supreme Court
Filed
Oct 12, 1988
Status
Published
On the bench
Brown, Douglas, Holmes, Logher, Moyer, Sweeney, Wright
Cited by
29 cases
Authority
More cited than 97.7%

appeal or postconviction relief is proper to remedy sentencing error

How later courts described this case

  • appeal or postconviction relief is proper to remedy sentencing error

Written by the judges who cited it.

The opinion

Per Curiam.

Habeas corpus is not a proper remedy for reviewing errors of sentencing by a court of competent jurisdiction. Walker v. Maxwell (1965), 1 Ohio St. 2d 136 , 30 O.O. 2d 487, 205 N.E. 2d 394 . Appeal or postconviction relief would be the proper remedy. Since it appears from the face of his petition that petitioner has sought and been denied postconviction relief on *140 this issue, the matter is res judicata. See Anderson v. Maxwell (1967), 10 Ohio St. 2d 188 , 39 O.O. 2d 196, 226 N.E. 2d 103 . Accordingly, the writ is denied.

Writ denied.

Moyer, C.J., Sweeney, Logher, 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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