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