Keith v. Bobby, 2007-P-0027 (9-28-2007)

PER CURIAM OPINION

{¶ 1} This habeas corpus action is presently before this court for disposition of the motion to dismiss of respondent, Warden David Bobby of the Trumbull Correctional Institution. As the primary grounds for the motion, respondent submits that petitioner, Jeffrey A. Keith, has failed to state a viable claim for a writ because his own allegations support the conclusion that his underlying criminal convictions have not been declared void. For the following reasons, we conclude that the motion to dismiss has merit.

{¶ 2} According to petitioner, his present incarceration in the…