Smith v. Seidner

Smith asserts in his sole proposition of law that the court of appeals erred by dismissing his habeas corpus petition. Smith’s petition challenged the common pleas court’s verdict form because it did not include the physical-harm specification contained in his indictment.

As the court of appeals held, habeas corpus is not available to challenge either the validity or sufficiency of an indictment. State ex rel. Simpson v. Lazaroff (1996), 75 Ohio St.3d 571, 664 N.E.2d 937. In addition, habeas corpus is not available to raise claims of improper jury instructions or verdict forms. See, e.g.,…