Dapice v. Stickrath

Respondent moves to dismiss because petitioner is lawfully confined by judgment and does not attack the jurisdiction of the court that rendered the judgment. Stahl v. Shoemaker (1977), 50 Ohio St. 2d 351, 4 O.O. 3d 485, 364 N.E. 2d 286; R.C. 2725.05. For the following reasons, we grant the motion.

This court has not previously addressed, in this type of case, the prohibition against issuing the writ when the petitioner is in custody under process, judgment, or order of a court of record that had jurisdiction to issue the process, judgment, or order.1 However, in Coleman v. Stobbs (1986), 23…