McClellan v. Mack

{¶ 1} We affirm the judgment dismissing the petition of appellant, James McClellan, for a writ of habeas corpus to compel his immediate release from prison.

{¶ 2} McClellan’s claim that res judicata barred the relitigation of the propriety of a traffic stop that led to a search of his vehicle and the seizure of evidence used by the state to prosecute him is not cognizable in habeas corpus. “[R]es judicata is not an appropriate basis for extraordinary relief, because ‘res judicata does not divest a trial court of jurisdiction to decide its applicability, and the denial of this defense by the…