Smith v. Buchanan

{¶ 1} General Smith appeals the denial of his habeas corpus petition. We find that Smith’s claim is barred by res judicata and that even if it were not barred, he has failed to show that he is entitled to habeas relief. For these reasons, we affirm the judgment of the court of appeals.

The 2003 Case

{¶ 2} On December 5, 2003, Smith pled guilty to aggravated robbery with a firearm specification. As part of the plea agreement, the state voluntarily dismissed several other counts in the indictment, including a charge of attempting to possess a weapon while under disability. The trial court imposed…