State ex rel. Brantley v. Anderson

Ohio Supreme Court
State ex rel. Brantley v. Anderson, 77 Ohio St. 3d 446 (Ohio 1997)
674 N.E.2d 1380
Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

State ex rel. Brantley v. Anderson

Opinion of the Court

Per Curiam.

The court of appeals correctly determined that an appeal rather than the extraordinary writ of habeas corpus is the appropriate remedy when challenging claimed violations of an accused’s right to a speedy trial. State ex rel. Dotson v. Rogers (1993), 66 Ohio St.3d 25, 607 N.E.2d 453; Russell v. Tate (1992), 64 Ohio St.3d 444, 444-445, 596 N.E.2d 1039, 1040.

In addition, Brantley’s petition was subject to dismissal because he failed to attach a copy of his alleged commitment. R.C. 2725.04(D); Adkins v. McFaul (1996), 76 Ohio St.3d 350, 353, 667 N.E.2d 1171, 1174.

Based on the foregoing, we affirm the judgment of the court of appeals.

Judgment affirmed.

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

Reference

Full Case Name
The State ex rel. Brantley v. Anderson, Warden
Cited By
20 cases
Status
Published