Ohio Supreme Court, 1997

State ex rel. Massie v. Rogers

Ohio Supreme Court · Decided February 19, 1997 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

77 Ohio St. 3d 449; 674 N.E.2d 1383

Cases that cite this one

53 later published cases cite this decision. The 25 that cite it most often are listed here.

State v. Fischer (Ohio 2010)
Alls v. Miller (Ohio Ct. App. 2016)
State ex rel. Ogletree v. Bradshaw (Ohio Ct. App. 2013)
Gray v. Bowen (Ohio Ct. App. 2019)
Singfield v. Larose (Ohio Ct. App. 2019)
State v. Gannon (Ohio Ct. App. 2016)
State ex rel. Fears v. Myers (Ohio 2014)
State ex rel. Johnson v. Lazaroff (Ohio Ct. App. 2014)
State ex rel. O'Neal v. Bunting (Slip Opinion) (Ohio 2014)
Pruitt v. Cook (Ohio 2013)
Billiter v. Banks (Ohio 2013)
State ex rel. Steele v. Robinson (Ohio Ct. App. 2013)
Dykes v. Miller (Ohio Ct. App. 2012)
State v. Carlisle (Ohio 2011)
Cervenak v. Miller (Ohio Ct. App. 2010)
State ex rel. Hawk v. Warden, Noble Corr. Inst. (Ohio Ct. App. 2010)
State v. Simpkins (Ohio 2008)
State v. Newell, Unpublished Decision (1-30-2007) (Ohio Ct. App. 2007)
Norris v. Wilson, Unpublished Decision (8-24-2005) (Ohio Ct. App. 2005)
State Ex Rel. Fitzgerald v. Sargus, Unpublished Decision (2-17-2004) (Ohio Ct. App. 2004)
Gunnell v. Wolfe, Unpublished Decision (6-24-2002) (Ohio Ct. App. 2002)
Dennis v. Morgan, Unpublished Decision (5-8-2002) (Ohio Ct. App. 2002)
Norris v. Konteh, Unpublished Decision (4-16-1999) (Ohio Ct. App. 1999)
State ex rel. Sampson v. Parrott (Ohio 1998)
Childers v. Wingard (Ohio 1998)

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.

Massie contends that the judgment of the court of appeals should be dismissed because the trial court lacked jurisdiction to enter an indeterminate sentence on her conviction for sexual battery. But sentencing *450errors are not jurisdictional and are not cognizable in habeas corpus. Majoros v. Collins (1992), 64 Ohio St.3d 442, 443, 596 N.E.2d 1038, 1039.

In addition, although habeas corpus relief may be granted for nonjurisdietional claims, the petitioner must have no adequate remedy at law. State ex rel. Firman v. Money (1994), 69 Ohio St.3d 591, 593, 635 N.E.2d 26, 29. Appeal or postconviction relief are remedies at law to review claimed sentencing errors. Blackburn, v. Jago (1988), 39 Ohio St.3d 139,139-140, 529 N.E.2d 929, 930. Since Massie possessed adequate legal remedies by an appeal or postconviction relief to raise the alleged sentencing error, the court of appeals properly dismissed the petition. Thomas v. Collins (1996), 74 Ohio St.3d 413, 413-414, 659 N.E.2d 790, 790-791.

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.

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