State ex rel. Thomas v. Money
Ohio Supreme Court
1Per curiam
Thomas asserts in his propositions of law that the court of appeals erred by dismissing his habeas corpus petition. Thomas contends that the sentence for his theft conviction is void based on the claims he raised in the court of appeals.
The court of appeals, however, correctly dismissed the petition. Habeas corpus is not available to challenge either sentencing errors or the validity or sufficiency of an indictment. State ex rel. Massie v. Rogers (1997), 77 Ohio St.3d 449, 449-450, 674 N.E.2d 1383; Smith v. Seidner (1997), 78 Ohio St.3d 172, 173, 677 N.E.2d 336. These claims can be raised on…
2Cases cited3 opinions
- State ex rel. Massie v. RogersOhio Supreme Court · 1997
- State v. WelchOhio Supreme Court · 1978
- Smith v. SeidnerOhio Supreme Court · 1997
3Cited by2 opinions
- Prunty v. Tate, Unpublished Decision (12-15-1999)Ohio Court of Appeals · 1999
- State ex rel. Johnson v. LazaroffOhio Court of Appeals · 2014