Johns v. State

A defendant has no common-law claim against the state for damages after he has obtained his release upon a writ of habeas corpus for violation of his constitutional rights. See Tymcio v. State (1977), 52 Ohio App. 2d 298.

Cuyler v. Sullivan (1980), 446 U. S. 335, recently held that the right of the accused to adequate representation of counsel includes the counsel which he personally selects and privately retains. However, this does not give him a right of civil action against the state government based solely upon the alleged shortcomings of such counsel.

In the case sub judice, the General…