Legal Opinion

Palmer v. Jeffreys

Ohio Supreme Court

Decided August 17, 2011No. 2011-0639Published

1Per curiam

{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Atropin Palmer, for a writ of habeas corpus to compel his release from prison. As the court of appeals correctly held, Palmer’s petition is “fatally defective” and subject to dismissal because he failed to attach a copy of his commitment papers. State ex rel. Jones v. Bradshaw, 123 Ohio St.3d 444, 2009-Ohio-5586, 917 N.E.2d 268, ¶ 1. Moreover, habeas corpus “is not available to challenge the validity of a charging instrument.” Shroyer v. Banks, 123 Ohio St.3d 88, 2009-Ohio-4080, 914 N.E.2d 368, ¶ 1.…

2Cases cited4 opinions

  1. Howard v. RandleOhio Supreme Court · 2002
  2. Howard v. RandleOhio Supreme Court · 2002
  3. Shroyer v. BanksOhio Supreme Court · 2009
  4. State ex rel. Jones v. BradshawOhio Supreme Court · 2009

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