Hammond v. Dallman

For the following reasons, we grant the writ, but deny relief and remand petitioner to custody.

In Lippert v. Engle (1977), 49 Ohio St.2d 281, 3 O.O.3d 434, 361 N.E.2d 239, we held that to withstand a motion to dismiss, a petition in habeas corpus must conform to R.C. 2725.041 and attack the jurisdiction of the sentencing *667court. We find the petition in this case barely adequate to meet this existing standard and grant the writ pursuant to R.C. 2725.06.2

Normally, the granting of the writ would cause us to order respondent to make a return pursuant to R.C. 2725.12 and 2725.14.3 However, we treat…