Ohio Supreme Court, 1996

State ex rel. Simpson v. Lazaroff

Ohio Supreme Court · Decided June 5, 1996 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

75 Ohio St. 3d 571; 664 N.E.2d 937

Cases that cite this one

20 later published cases cite this decision.

Smith v. Seidner (Ohio 1997)
Smith v. Seidner (Ohio 1997)
Ewing v. UC Health (Ohio Ct. App. 2022)
State v. Reed (Ohio Ct. App. 2022)
Gephart v. Miller (Ohio Ct. App. 2013)
State v. Poole (Ohio Ct. App. 2013)
State v. Addison, 89571 (4-24-2007) (Ohio Ct. App. 2007)
Clarke v. McFaul, 89436 (4-5-2007) (Ohio Ct. App. 2007)
State Ex Rel. Fryerson v. McFaul, Unpublished Decision (6-1-2000) (Ohio Ct. App. 2000)
Orr v. Mack (Ohio 1998)
Orr v. Mack (Ohio 1998)
State Ex Rel. Paige v. Lisotto (Ohio Ct. App. 1997)
State ex rel. Beaucamp v. Lazaroff (Ohio 1997)
Marshall v. Lazaroff (Ohio 1997)
Marshall v. Lazaroff (Ohio 1997)
State ex rel. Beaucamp v. Lazaroff (Ohio 1997)
State v. Thompson, 08 Coa 018 (10-6-2008) (Ohio Ct. App. 2008)
State v. Peterson, 90263 (8-21-2008) (Ohio Ct. App. 2008)
State Ex Rel. Moore v. Ohio Apa., Unpublished Decision (4-10-2003) (Ohio Ct. App. 2003)
State ex rel. Simpson v. Lazaroff (Ohio 1996)

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

Per Curiam.

Simpson asserts that the court of appeals erred in dismissing his habeas corpus petition. Simpson claims that the sentencing court lacked jurisdiction over him because the indictment on which he was charged, tried, convicted, and sentenced referred to him as “Mark Simpson” when his true name was “Marcus Simpson.” As the court of appeals correctly concluded, Simpson merely challenged the sufficiency of the indictment rather than the jurisdiction of the sentencing court. See R.C. 2941.03(C); Crim.R. 7(B); see, also, Lasure v. State (1869), 19 Ohio St. 43, 50 (An indictment serves as an accusation of a person for a crime rather than an accusation of a particular name.).

Habeas corpus is not available to challenge either the validity or sufficiency of an indictment. Luna v. Russell (1994), 70 Ohio St.3d 561, 562, 639 N.E.2d 1168, 1169. Simpson possessed an adequate remedy by direct appeal to raise his contentions. Luna, 70 Ohio St.3d at 562, 639 N.E.2d at 1169.

Accordingly, we affirm the judgment of the court of appeals.

Judgment affirmed.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Stratton, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.