Halleck v. Koloski

In an action in habeas corpus, the burden of proof is upon the petitioner to establish his right to release. Yarbrough v. Maxwell, Warden, 174 Ohio St. 287.

The only evidence before the Court of Appeals to support his contention was the uncorroborated statement of the appel-lee that the court had failed to inform him of his right to counsel. On the other hand, the journal entry recited that petitioner had been informed of his rights and waived them, and the trial judge, in an affidavit, stated that it was the rule and undeviating practice in that court to explain an accused’s rights to him.

In…