Brooks v. Kelly

{¶ 1} Petitioner-appellant, Dwayne Brooks, filed a petition for a writ of habeas corpus in the Ninth District Court of Appeals. The court of appeals granted summary judgment in favor of respondent-appellee, Bennie Kelly, because Brooks’s claims are res judicata. We affirm.

Facts

{¶ 2} Brooks is a prisoner at Grafton Correctional Institution, and Kelly is the warden. Brooks was convicted of aggravated murder and other crimes and was sentenced in 1989 to 20 years to life on the murder count and 5 to 25 years each on three other counts, which were to be served concurrently to one another but…