State ex rel. Cotton v. Ghee
Ohio Supreme Court
State ex rel. Cotton v. Ghee, 82 Ohio St. 3d 404 (Ohio 1998)
696 N.E.2d 580; 1998 Ohio LEXIS 1867
Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney
State ex rel. Cotton v. Ghee
Opinion of the Court
We affirm the judgment of the court of appeals. Insofar as Cotton’s December 1997 filing may be construed as a successive habeas corpus petition, res judicata precluded its filing. State ex rel. Brantley v. Ghee (1997), 80 Ohio St.3d 287, 288, 685 N.E.2d 1243, 1244. And even if the court of appeals should not have treated Cotton’s December 1997 filing as a second habeas corpus petition, he had an adequate remedy in the ordinary course of law by appealing the court of appeals’ November 1997 dismissal of his initial petition. Cotton’s
Judgment affirmed.
Reference
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- The State ex rel. Cotton v. Ghee
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- Published