Howard v. McFaul, Unpublished Decision (10-17-2007)
Howard v. McFaul, Unpublished Decision (10-17-2007)
Opinion of the Court
{¶ 2} Howard seeks relief in habeas corpus on the ground that his trial counsel was ineffective by failing to subpoena his work records which, Howard says, would have demonstrated that he could not have been with the victim when she said he was. He requests that this court grant relief against respondent sheriff in habeas corpus and "order respondent to show the whole and true cause and produce plaintiff before this court that a determination of incarceration through records may be had." Petition, at 2. For the reasons stated below, we dismiss this action sua sponte.
{¶ 3} Initially, we note that the petition has several defects. That is, the petition is not verified as required by R.C.
{¶ 4} Howard has also failed to provide this court with any controlling authority to demonstrate that his claim of ineffective assistance of trial counsel provides a basis for relief in habeas corpus. On direct appeal, this court overruled Howard's assignment of error asserting that trial counsel was ineffective on other grounds. It is well-established that "[h]abeas corpus is not a substitute for appeal and does not provide a remedy for errors or irregularities that may be addressed on appeal." Cheatham v. State, Cuyahoga App. No. 89538,
{¶ 5} Accordingly, we dismiss this action sua sponte. Petitioner to pay costs. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B).
Petition dismissed.
*Page 1CHRISTINE T. MCMONAGLE, P.J., and PATRICIA A. BLACKMON, J., CONCUR.
Reference
- Full Case Name
- Alphonso Howard v. Sheriff McFaul
- Cited By
- 2 cases
- Status
- Unpublished