Legal Opinion

State ex rel. Jackson v. Brigano

Ohio Supreme Court

Decided March 8, 2000No. 99-2001PublishedCited by 13 opinions

1Per curiam

Jackson asserts that the court of appeals erred in dismissing his habeas corpus petition. The court of appeals properly dismissed the petition because Jackson failed to state a claim upon which extraordinary relief in habeas corpus can be granted.

Any alleged error caused by the failure to file a criminal complaint is not cognizable in habeas corpus because Jackson was convicted and sentenced upon an indictment. State ex rel. Dozier v. Mack (1999), 85 Ohio St.3d 368, 369, 708 N.E.2d 712, 713; Thornton v. Russell (1998), 82 Ohio St.3d 93, 94, 694 N.E.2d 464, 465.

In addition, “it is now well…

2Cases cited4 opinions

  1. State v. FairbanksOhio Supreme Court · 1972
  2. Thornton v. RussellOhio Supreme Court · 1998
  3. Krauter v. MaxwellOhio Supreme Court · 1965
  4. State ex rel. Dozier v. MackOhio Supreme Court · 1999

3Cited by13 opinions

  1. Harris v. BagleyOhio Supreme Court · 2002
  2. State v. HobbsOhio Court of Appeals · 2011
  3. Harris v. BagleyOhio Supreme Court · 2002
  4. Wills v. Turner (Slip Opinion)Ohio Supreme Court · 2017
  5. State v. ClarkOhio Court of Appeals · 2018

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