Pishok v. Kelly, 2008-T-0093 (1-23-2009)

OPINION

{¶ 1} This habeas corpus action is presently before this court for disposition of the motion to dismiss of respondent, Warden Bennie Kelly of the Trumbull Correctional Institution. As the primary basis for his motion, respondent contends that the sole claim of petitioner, David J. Pishok, fails to set forth a viable cause of action for a writ because the sufficiency of a criminal indictment cannot be challenged in the context of a habeas corpus proceeding. For the following reasons, this court concludes that the dismissal of the instant matter is warranted.

{¶ 2} Petitioner's current…