Johns v. State

The issue of the unlawful incarceration of Frank Johns was determined against the state of Ohio in the habeas corpus action in the United States Court of Appeals in Johns v. Perini (C.A. 6, 1972), 462 F. 2d 1308. To contend that Johns v. Perini, supra, is not res judicata misses the mark. The Court of Appeals for Franklin County hit the bull’s eye by concluding that the determination of unlawful incarceration in the habeas corpus action in the federal court constituted proof by a preponderance of the evidence that Johns was unlawfully incarcerated by the state of Ohio, and that the trial…