Shie v. Smith

{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, David Zion Shie, for a writ of habeas corpus.

{¶ 2} Shie’s claim of sentencing error is not cognizable in habeas corpus, and he had an adequate remedy in the ordinary course of law by direct appeal to raise that issue. State ex rel. Shackleford v. Moore, 116 Ohio St.3d 310, 2007-Ohio-6462, 878 N.E.2d 1035, ¶ 5. In fact, Shie already unsuccessfully raised the same issue in his direct appeal, see State v. Shie, Cuyahoga App. No. 88677, 2007-Ohio-3773, 2007 WL 2135037, appeal not accepted for review, 116…