Rash v. Anderson

Habeas Corpus Claim

In Rash’s first proposition of law, he asserts that the court of appeals erred by denying his writ of habeas corpus. Rash claims that the trial court lacked jurisdiction to revoke his probation and resentence him, since his five-year probation period had expired.

When a court’s judgment is void because the court lacked subject-matter jurisdiction, habeas corpus is generally an appropriate remedy despite the availability of appeal. Gaskins v. Shiplevy (1995), 74 Ohio St.3d 149, 151, 656 N.E.2d 1282, 1284, citing In re Lockhart (1952), 157 Ohio St. 192, 195, 47 O.O. 129, 131,…