Legal Opinion

Childers v. Wingard

Ohio Supreme Court

Decided October 28, 1998No. 98-1405PublishedCited by 24 opinions

1Per curiam

Childers asserts that the court of appeals erred in dismissing his petition. For the following reasons, however, the court of appeals properly-dismissed the habeas corpus petition.

First, Childers has or had adequate remedies at law by appeal or postconviction relief to review the alleged sentencing error. State ex rel. Massie v. Rogers (1997), 77 Ohio St.3d 449, 450, 674 N.E.2d 1383, 1383. Sentencing errors are not jurisdictional and are not cognizable in habeas corpus. Majoros v. Collins (1992), 64 Ohio St.3d 442, 443, 596 N.E.2d 1038, 1039.

Second, Childers has already raised an analogous…

2Cases cited5 opinions

  1. Majoros v. CollinsOhio Supreme Court · 1992
  2. State ex rel. Massie v. RogersOhio Supreme Court · 1997
  3. State ex rel. Brantley v. GheeOhio Supreme Court · 1997
  4. State ex rel. Sampson v. ParrottOhio Supreme Court · 1998
  5. VanBuskirk v. WingardOhio Supreme Court · 1998

3Cited by24 opinions

  1. Agee v. RussellOhio Supreme Court · 2001
  2. State ex rel. Jaffal v. CalabreseOhio Supreme Court · 2005
  3. Jackson v. JohnsonOhio Supreme Court · 2013
  4. Russell v. MitchellOhio Supreme Court · 1999
  5. State ex rel. O'Neal v. Bunting (Slip Opinion)Ohio Supreme Court · 2014

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