Ohio Supreme Court, 1998

Orr v. Mack

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

83 Ohio St. 3d 429; 700 N.E.2d 590

Cases that cite this one

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

State v. Pitts (Ohio Ct. App. 2025)
State v. Pitts (Ohio Ct. App. 2025)
State v. Hamilton (Ohio Ct. App. 2023)
Bridges v. Gray (Ohio Ct. App. 2023)
State ex rel. Barnette v. Hill (Ohio 2022)
State v. Reed (Ohio Ct. App. 2022)
Peterson v. Foley (Ohio Ct. App. 2021)
Johnson v. Sloan (Slip Opinion) (Ohio 2018)
Curley v. Marquis (Ohio Ct. App. 2017)
Jury v. Miller (Slip Opinion) (Ohio 2016)
State ex rel. Rackley v. Sloan (Slip Opinion) (Ohio 2016)
State ex rel. Thomas v. Sheldon (Ohio Ct. App. 2016)
Lloyd v. Robinson (Ohio Ct. App. 2014)
State v. Phillips (Ohio Ct. App. 2014)
State v. Williams (Ohio Ct. App. 2014)
State v. Hatton (Ohio Ct. App. 2012)
Monroe v. Jackson (Ohio 2008)
State v. Reinhart, 15-06-07 (5-14-2007) (Ohio Ct. App. 2007)
Gotel v. Gansheimer (Ohio 2007)
Boylen v. Bradshaw (Ohio 2006)
State ex rel. Elko v. Suster (Ohio 2006)
State ex rel. Nelson v. Griffin (Ohio 2004)
Turner v. Ishee (Ohio 2003)
Harris v. Bagley (Ohio 2002)
Rammage v. Saros (Ohio 2002)

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.

Orr asserts that the court of appeals erred by dismissing his habeas corpus petition. For the following reasons, however, Orr’s assertion lacks merit.

First, as the court of appeals held, habeas corpus is not available to attack the validity or sufficiency of the charging instrument. State ex rel. Beaucamp v. Lazaroff (1997), 77 Ohio St.3d 237, 238, 673 N.E.2d 1273, 1274. The manner by which an accused is charged with a crime is procedural rather than jurisdictional, and after a conviction for crimes charged in an indictment, the judgment binds the defendant for the crime for which he was convicted. Id., citing Wells v. Maxwell (1963), 174 Ohio St. 198, 200, 22 O.O.2d 147, 148, 188 N.E.2d 160, 161, and State v. Wozniak (1961), 172 Ohio St. 517, 522-523, 18 O.O.2d 58, 61, 178 N.E.2d 800, 804.

Second, Orr had an adequate legal remedy by direct appeal to challenge the validity or sufficiency of the complaint and indictment. State ex rel. Simpson v. Lazaroff (1996), 75 Ohio St.3d 571, 664 N.E.2d 937.

Finally, Orr did not verify his petition as required by R.C. 2725.04. State ex rel. Ranzy v. Coyle (1998), 81 Ohio St.3d 109, 110, 689 N.E.2d 563, 564.

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.