Ohio Supreme Court, 1996

State ex rel. Richard v. Seidner

Ohio Supreme Court · Decided November 6, 1996 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

77 Ohio St. 3d 68; 671 N.E.2d 28

Cases that cite this one

13 later published cases cite this decision.

State v. Lawrence (Ohio Ct. App. 2021)
State v. Reynolds, Unpublished Decision (1-17-2002) (Ohio Ct. App. 2002)
Russell v. Mitchell (Ohio 1999)
Matter of Johnson (Wash. 1997)
State Ex Rel. Paige v. Lisotto (Ohio Ct. App. 1997)
In re the Personal Restraint of Johnson (Wash. 1997)
State ex rel. Richard v. Seidner (Ohio 1997)
State ex rel. Brantley v. Ghee (Ohio 1997)
State ex rel. Brantley v. Ghee (Ohio 1997)
State ex rel. Richard v. Seidner (Ohio 1997)
State v. Thorpe, Unpublished Decision (3-3-2005) (Ohio Ct. App. 2005)
Minyard v. Morgan, Unpublished Decision (6-29-2001) (Ohio Ct. App. 2001)
State ex rel. Richard v. Seidner (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.

Richard asserts in his sole proposition of law that the court of appeals erred in dismissing his habeas corpus petition, since his indictment did not allege that he committed the charged offense of felonious assault within the jurisdiction of his sentencing court, i.e., the Cuyahoga County Court of Common Pleas. R.C. 2941.03(D). However, Richard’s claim challenges the validity or sufficiency of his indictment, is nonjurisdictional in nature, and should have been raised on appeal of his criminal conviction rather than in habeas corpus. State ex rel. Wilcox v. Seidner (1996), 76 Ohio St.3d 412, 414-415, 667 N.E.2d 1220, 1222; Luna v. Russell (1994), 70 Ohio St.3d 561, 562, 639 N.E.2d 1168, 1169, certiorari denied (1995), 513 U.S. -, 115 S.Ct. 759, 130 L.Ed.2d 658. Further, the indictment attached to Richard’s petition expressly alleged that the charged offense occurred within Cuyahoga County. Finally, res judicata precludes Richard’s filing of successive habeas corpus petitions. See Freeman v. Tate (1992), 65 Ohio St.3d 440, 605 N.E.2d 14; State ex rel. Richard v. Seidner (1996), 76 Ohio St.3d 149, 666 N.E.2d 1134; State ex rel. Richard v. Seidner (1996), 74 Ohio St.3d 634, 660 N.E.2d 1175; Richard v. Hills (1991), 62 Ohio St.3d 155, 580 N.E.2d 774.

For the foregoing reasons, the court of appeals properly dismissed Richard’s habeas corpus petition. The judgment of the court of appeals is affirmed.

Judgment affirmed.

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

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