Mosely v. Echols

Appellant argues that after the direct appeal of his convictions was affirmed, the Court of Appeals for Cuyahoga County ruled that theft and theft in office were allied offenses of similar import in State v. McGhee (1987), 37 Ohio App.3d 54, 523 N.E.2d 864, and State v. Tatum (May 21, 1987), No. 52137, unreported, 1987 WL 11396, and that this ruling should be applied retroactively to his case to eliminate six years of his prison term and cause his immediate release.

Appellant has no cause of action in habeas corpus because even if accepted, the issue he raises would not deprive the sentencing…