Legal Opinion

State Ex Rel. Smith v. Cuyahoga County Sheriff's Department

Ohio Supreme Court

Decided September 22, 2010No. 2010-0906Published

1Per curiam

{¶ 1} We affirm the judgment of the court of appeals denying the request of appellant, Gregory Smith, 1 for a writ of habeas corpus to compel his release from confinement. Smith has an adequate remedy by way of appeal to raise his jurisdictional claim concerning his resentencing. See Patterson v. Ohio Adult Parole Auth., 120 Ohio St.3d 311, 2008-Ohio-6147, 898 N.E.2d 950, ¶ 8; State ex rel. Pruitt v. Cuyahoga Cty. Court of Common Pleas, 125 Ohio St.3d 402, 2010-Ohio-1808, 928 N.E.2d 722, ¶ 4. Moreover, res judicata bars Smith from filing a successive habeas corpus action to raise a claim that…

2Cases cited5 opinions

  1. State Ex Rel. Pruitt v. Cuyahoga County Court of Common PleasOhio Supreme Court · 2010
  2. Bertram v. StateOhio Supreme Court · 2009
  3. Patterson v. Ohio Adult Parole AuthorityOhio Supreme Court · 2008
  4. Keith v. KelleyOhio Supreme Court · 2010
  5. DeDonno v. BradshawOhio Supreme Court · 2009

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