Ohio Supreme Court, 1998

Childers v. Wingard

Ohio Supreme Court · Decided October 28, 1998 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

83 Ohio St. 3d 427; 700 N.E.2d 588

Cases that cite this one

22 later published cases cite this decision.

State v. Williams (Slip Opinion) (Ohio 2016)
State v. Fischer (Ohio 2010)
Bowen v. Sheldon (Ohio 2010)
Billman v. Fredericks (Ohio Ct. App. 2021)
Singfield v. Larose (Ohio Ct. App. 2019)
Smith v. Marquis (Ohio Ct. App. 2018)
State ex rel. Lockhart v. Sheldon (Slip Opinion) (Ohio 2016)
Alls v. Miller (Ohio Ct. App. 2016)
Cook v. State (Slip Opinion) (Ohio 2016)
State v. Whitfield (Ohio Ct. App. 2015)
State ex rel. O'Neal v. Bunting (Slip Opinion) (Ohio 2014)
Jackson v. Johnson (Ohio 2013)
State ex rel. Ogletree v. Bradshaw (Ohio Ct. App. 2013)
Dykes v. Miller (Ohio Ct. App. 2012)
Ross v. Saros (Ohio 2003)
Agee v. Russell (Ohio 2001)
Agee v. Russell (Ohio 2001)
State Ex Rel. Mays v. McFaul, Unpublished Decision (3-18-1999) (Ohio Ct. App. 1999)
Russell v. Mitchell (Ohio 1999)
State ex rel. Jaffal v. Calabrese (Ohio 2005)
Sevayega v. Bobby, Unpublished Decision (11-26-2003) (Ohio Ct. App. 2003)
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.

Childers asserts that the court of appeals erred in dismissing his petition. For the following reasons, however, the court of appeals properly-dismissed the habeas corpus petition.

First, Childers has or had adequate remedies at law by appeal or postconviction relief to review the alleged sentencing error. State ex rel. Massie v. Rogers (1997), 77 Ohio St.3d 449, 450, 674 N.E.2d 1383, 1383. Sentencing errors 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.

Second, Childers has already raised an analogous claim of sentencing error in his direct appeal. Where a plain and adequate remedy at law has been unsuccessfully invoked, extraordinary relief is not available to relitigate the same issue. See State ex rel. Sampson v. Parrott (1998), 82 Ohio St.3d 92, 93, 694 N.E.2d 463.

Finally, res judicata barred Childers from filing successive habeas corpus petitions. State ex rel. Brantley v. Ghee (1997), 80 Ohio St.3d 287, 288, 685 N.E.2d 1243, 1244. Childers’s previous habeas corpus petition had been dismissed by the court of appeals. See VanBuskirk v. Wingard (1997), 80 Ohio St.3d 659, 687 N.E.2d 776, where we affirmed the dismissal of Childers’s petition.

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.