McBroom v. Russell

In his sole proposition of law, McBroom asserts that the court of appeals erred in dismissing his habeas corpus petition. In order to withstand dismissal, a petition for a writ of habeas corpus must conform to R.C. 2725.04 and state with particularity the extraordinary circumstances entitling the petitioner to the writ. See, generally, State ex rel. Jackson v. McFaul (1995), 73 Ohio St.3d 185, 187, 652 N.E.2d 746, 748.

As the court of appeals correctly held, McBroom merely challenged the sufficiency of the indictment, which is not cognizable in habeas corpus. Luna v. Russell (1994), 70 Ohio…