Gaskins v. Shiplevy

We reverse the judgment of the court of appeals and remand the cause.

Insofar as the court of appeals held that appellant’s double jeopardy claim did not state a cause of action in habeas corpus, we agree. Wenzel v. Enright, supra. However, the court of appeals disregarded appellant’s motion to add the improper bindover claim. Civ.R. 15(A) states in part:

“A party may amend his pleading once as a matter of course at any time before a responsive pleading is served * *

The Civil Rules may apply to habeas cases where not “clearly inapplicable” by their nature. Pegan v. Crawmer (1995), 73 Ohio St.3d…