Gerhart v. Tate
Cases that cite this one
1 later published case cites this decision.
- Daniel v. State, Unpublished Decision (9-12-2002) (Ohio Ct. App. 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The court of appeals dismissed for failure to state a claim upon which relief can be granted, apparently on the theory that appellant has an adequate remedy of law by appeal, delayed appeal, or post-conviction relief under R.C. 2953.21 to 2953.23. We affirm on the basis of Noble v. McMaken (1976), 45 Ohio St. 2d 236, 74 O.O. 2d 379, 344 N.E. 2d 129, in which this court held “ ‘that the availability of the post-conviction remedies provided by Sections 2953.21 to 2953.24, inclusive, Revised Code, is ground for denial of’ a writ of habeas corpus,” citing Freeman v. Maxwell (1965), 4 Ohio St. 2d 4, 33 O.O. 2d 2, 210 N.E. 2d 885, certiorari denied (1966), 382 U.S. 1017. Here, appellant offered no evidence of having exhausted his post-conviction remedies.
The judgment of the court of appeals is affirmed.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.