Legal Opinion

Blackburn v. Jago

Ohio Supreme Court

Decided October 12, 1988No. 88-1023PublishedCited by 21 opinions

1Per curiam

Habeas corpus is not a proper remedy for reviewing errors of sentencing by a court of competent jurisdiction. Walker v. Maxwell (1965), 1 Ohio St. 2d 136, 30 O.O. 2d 487, 205 N.E. 2d 394. Appeal or postconviction relief would be the proper remedy. Since it appears from the face of his petition that petitioner has sought and been denied postconviction relief on *140this issue, the matter is res judicata. See Anderson v. Maxwell (1967), 10 Ohio St. 2d 188, 39 O.O. 2d 196, 226 N.E. 2d 103. Accordingly, the writ is denied.

Writ denied.

Moyer, C.J., Sweeney, Logher, Holmes, Douglas, Wright and H. Brown,…

2Cases cited2 opinions

  1. Walker v. MaxwellOhio Supreme Court · 1965
  2. Anderson v. MaxwellOhio Supreme Court · 1967

3Cited by21 opinions

  1. Pratts v. HurleyOhio Supreme Court · 2004
  2. Majoros v. CollinsOhio Supreme Court · 1992
  3. State ex rel. Massie v. RogersOhio Supreme Court · 1997
  4. People v. WeberAppellate Court of Illinois · 1994
  5. State v. HertelOhio Court of Appeals · 2018

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