Thornton v. Russell

Thornton asserts in his propositions of law that the court of appeals erred in dismissing his habeas corpus petition. Thornton’s assertions, however, are meritless for the following reasons.

First, any defect in the criminal complaint filed in municipal court is not cognizable in habeas corpus because Thornton was never convicted and sentenced on the complaint. Instead, the criminal complaint was dismissed, and Thornton was convicted and sentenced upon the indictment. See, e.g., State v. Wac (1981), 68 Ohio St.2d 84, 87, 22 O.O.3d 299, 301, 428 N.E.2d 428, 431, fn. 2 (Any flaw in criminal…