Ellis v. McMackin

The court of appeals reached the correct decision in dismissing appellant’s claim as not jurisdictional. Appellant’s first four issues deal with evidence either used at trial, not used at trial, or allegedly fraudulently used at trial. Regardless, “this is not a ground for relief by habeas corpus, as questions of evidence must be raised by appeal.” Saulsbury v. Green (1964), 175 Ohio St. 433, 434, 25 O.O.2d 445, 195 N.E.2d 787, 788.

Appellant’s next issue is ineffectiveness of counsel. Again this is an issue to be appealed. “[Tjhere is nothing in the record to indicate any lack of competence…