Gotel v. Gansheimer, 2006-A-0087 (5-11-2007)

PER CURIAM OPINION

{¶ 1} This habeas corpus action is presently before this court for consideration of the motion to dismiss of respondent, Warden Richard Gansheimer of the Lake Erie Correctional Institution. As the primary basis for his motion, respondent contends that the sole claim of petitioner, Daryl L. Gotel, fails to state a viable cause of action because his own allegations support the conclusion that the trial court in the underlying criminal proceedings had jurisdiction to issue a criminal conviction against him. For the following reasons, this court holds that the motion to dismiss…