Ohio Supreme Court, 1998

Thornton v. Russell

Ohio Supreme Court · Decided June 10, 1998 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

82 Ohio St. 3d 93; 694 N.E.2d 464

Cases that cite this one

25 later published cases cite this decision.

State Ex Rel. Nash v. Vodrey, Unpublished Decision (9-27-2000) (Ohio Ct. App. 2000)
State v. Clark (Ohio Ct. App. 2018)
Gibson v. Wilson, 08ca85 (2-20-2009) (Ohio Ct. App. 2009)
State v. Silsby (Ohio 2008)
Payne v. Jeffreys (Ohio 2006)
State Ex Rel Richardson v. Winston, Unpublished Decision (11-15-2001) (Ohio Ct. App. 2001)
State Ex Rel Nelson v. Mason, Unpublished Decision (11-22-2000) (Ohio Ct. App. 2000)
State Ex Rel. Fryerson v. McFaul, Unpublished Decision (6-1-2000) (Ohio Ct. App. 2000)
State ex rel. Jackson v. Brigano (Ohio 2000)
State ex rel. Jackson v. Brigano (Ohio 2000)
Hassink v. McFaul, Unpublished Decision (3-2-1999) (Ohio Ct. App. 1999)
Russell v. Mitchell (Ohio 1999)
State ex rel. Dozier v. Mack (Ohio 1999)
State ex rel. Dozier v. Mack (Ohio 1999)
State ex rel. Beaver v. Konteh (Ohio 1998)
Shie v. Leonard (Ohio 1998)
Shie v. Leonard (Ohio 1998)
State ex rel. Beaver v. Konteh (Ohio 1998)
State ex rel. Rackley v. Sloan (Ohio Ct. App. 2015)
Gotel v. Gansheimer, 2006-A-0087 (5-11-2007) (Ohio Ct. App. 2007)
Lucas v. Richland Correctional, Unpublished Decision (10-6-2005) (Ohio Ct. App. 2005)
Novak v. Gansheimer, Unpublished Decision (10-10-2003) (Ohio Ct. App. 2003)
Peters v. Anderson, Unpublished Decision (12-11-2002) (Ohio Ct. App. 2002)
Thornton v. Russell (Ohio 1998)
Matchmaker International Inc. v. Long (Ohio Ct. App. 1995)

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.

Thornton asserts in his propositions of law that the court of appeals erred in dismissing his habeas corpus petition. Thornton’s assertions, however, are meritless for the following reasons.

First, any defect in the criminal complaint filed in municipal court is not cognizable in habeas corpus because Thornton was never convicted and sentenced on the complaint. Instead, the criminal complaint was dismissed, and Thornton was convicted and sentenced upon the indictment. See, e.g., State v. Wac (1981), 68 Ohio St.2d 84, 87, 22 O.O.3d 299, 301, 428 N.E.2d 428, 431, fn. 2 (Any flaw in criminal complaint deemed harmless error where defendant ultimately convicted and sentenced upon charges in subsequent indictment.).

Second, Thornton’s remaining claim attacks the validity and sufficiency of his indictment and is nonjurisdictional in nature; it should have been raised on direct appeal of his criminal conviction and sentence rather than in habeas corpus. State ex rel. Beaucamp v. Lazaroff (1997), 77 Ohio St.3d 237, 238, 673 N.E.2d 1273, 1274; VanBuskirk v. Wingard (1998), 80 Ohio St.3d 659, 660, 687 N.E.2d 776, 777 (“[A] grand jury foreperson’s failure to sign an indictment does not deprive the trial court of jurisdiction or otherwise entitle a criminal defendant convicted and sentenced on the indictment to a writ of habeas corpus.”).

*95Finally, Thornton did not verify his petition, as required by R.C. 2725.04. Leal v. Mohr (1997), 80 Ohio St.3d 171, 173, 685 N.E.2d 229, 230-231.

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.