Nickelson v. Knab

{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, LeShawn Nickelson, for a writ of habeas corpus to compel his release from prison. As the court of appeals held, Nickelson previously unsuccessfully raised his claim of unreasonable delay in his sentencing in his direct appeal, State v. Nickelson, 4th Dist. No. 09CA8, 2009-Ohio-7006, 2009 WL 5175204, ¶ 11-12, and res judicata bars Nickelson from using habeas corpus to obtain a successive appellate review of the claim. Shie v. Smith, 123 Ohio St.3d 89, 2009-Ohio-4079, 914 N.E.2d 369, ¶ 2. Moreover,…