Ohio Supreme Court, 1998

Smith v. Walker

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

83 Ohio St. 3d 431; 700 N.E.2d 592

Cases that cite this one

19 later published cases cite this decision.

Bowen v. Sheldon (Ohio 2010)
Pryor v. Lazaroff (Ohio Ct. App. 1999)
Watkins v. Collins (Ohio 2006)
State ex rel. Jaffal v. Calabrese (Ohio 2005)
Jimison v. Wilson (Ohio 2005)
Smith v. Money, Unpublished Decision (6-25-2002) (Ohio Ct. App. 2002)
Dennis v. Morgan, Unpublished Decision (5-8-2002) (Ohio Ct. App. 2002)
State ex rel. Childs v. Lazaroff (Ohio 2001)
State ex rel. Childs v. Lazaroff (Ohio 2001)
Smith v. Warren (Ohio 2000)
Smith v. Warren (Ohio 2000)
State Ex Rel. Mays v. McFaul, Unpublished Decision (3-18-1999) (Ohio Ct. App. 1999)
Hurt v. Konteh, Unpublished Decision (7-16-1999) (Ohio Ct. App. 1999)
State ex rel. White v. Goldsberry (Ohio 1999)
Heddleston v. Mack (Ohio 1998)
Heddleston v. Mack (Ohio 1998)
Jordan v. Johnson (Ohio Ct. App. 2013)
Hart v. Hudson (Ohio Ct. App. 2010)
Rideau v. Russell, Unpublished Decision (4-23-2001) (Ohio Ct. App. 2001)

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.

Smith asserts in his sole proposition of law that the court of appeals erred in dismissing his petition based on the in forma pauperis requirements set forth in R.C. 2969.25 for inmates filing civil actions against a government entity or employee. Smith’s assertion lacks merit because even if the court of appeals’ rationale was incorrect, dismissal was warranted for the following reasons. See State ex rel. The V Cos. v. Marshall (1998), 81 Ohio St.3d 467, 474, 692 N.E.2d 198, 204, fn. 1.

First, Smith 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. Sentencing errors are not jurisdictional. Majoros v. Collins (1992), 64 Ohio St.3d 442, 443, 596 N.E.2d 1038, 1039.

Second, res judicata precluded 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.

Based on the foregoing, the court of appeals properly dismissed Smith’s petition. By so holding, as we have held in comparable cases, we need not *433address the issue of whether R.C. 2969.25 applies to habeas corpus actions. Cf. State ex rel. Crigger v. Ohio Adult Parole Auth. (1998), 82 Ohio St.3d 270, 271, 695 N.E.2d 254, 255; State ex rel. Alford v. Winters (1997), 80 Ohio St.3d 285, 286, 685 N.E.2d 1242, 1242-1243. Accordingly, 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.