Blackburn v. Jago

Ohio Supreme Court
Blackburn v. Jago, 39 Ohio St. 3d 139 (Ohio 1988)
529 N.E.2d 929; 1988 Ohio LEXIS 321
Brown, Douglas, Holmes, Logher, Moyer, Sweeney, Wright

Blackburn v. Jago

Opinion of the Court

Per 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, JJ., concur.

Reference

Full Case Name
Blackburn v. Jago, Supt., London Correctional Institute
Cited By
32 cases
Status
Published