Ohio Supreme Court, 1998

State ex rel. Beaver v. Konteh

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

83 Ohio St. 3d 519; 700 N.E.2d 1256

Cases that cite this one

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

In re C.T. (Ohio Ct. App. 2018)
City of N. Ridgeville v. Roth, Unpublished Decision (8-25-2004) (Ohio Ct. App. 2004)
State v. Laidlaw (Ohio Ct. App. 2026)
State v. Miller (Ohio Ct. App. 2021)
State v. Kami (Ohio Ct. App. 2020)
State v. Brennco, Inc. (Ohio Ct. App. 2015)
In re S.S.L.S. (Ohio Ct. App. 2013)
Mingo Junction Safety Forces Assoc. Local 1 v. Chappano (Ohio Ct. App. 2011)
State v. Jones (Ohio Ct. App. 2009)
State v. Williams, 88737 (3-7-2008) (Ohio Ct. App. 2008)
State v. Williams, Unpublished Decision (9-27-2007) (Ohio Ct. App. 2007)
Bivins v. Ohio State Board of Emergency Medical Services (Ohio Ct. App. 2005)
Fulton v. Westfield Insurance Co., Unpublished Decision (9-15-2004) (Ohio Ct. App. 2004)
In the Matter of Medure, Unpublished Decision (9-18-2002) (Ohio Ct. App. 2002)
State v. Barnes (Ohio 2002)
State ex rel. Johnson v. Ohio Adult Parole Authority (Ohio 2002)
State ex rel. Johnson v. Ohio Adult Parole Auth. (Ohio 2002)
State v. Barnes (Ohio 2002)
State ex rel. Mason v. Griffin (Ohio 2000)
State ex rel. Mason v. Griffin (Ohio 2000)
City of Cleveland v. Serrano, Unpublished Decision (11-10-1999) (Ohio Ct. App. 1999)
State ex rel. Bruggeman v. Leonard (Ohio 1999)
State ex rel. Bruggeman v. Leonard (Ohio 1999)
O'Malley v. Laborers' Internatl. Union of N. Am. Local 860 (Ohio Ct. App. 2024)
State v. Haskamp (Ohio Ct. App. 2020)

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.

Beaver asserts that the court of appeals erred in dismissing his habeas corpus petition. For the reasons that follow, however, Beaver’s contentions lack merit.

First, Beaver’s claim concerning the grand jury selection process attacks the validity and sufficiency of his indictment and is nonjurisdictional. Thornton v. Russell (1998), 82 Ohio St.3d 93, 94, 694 N.E.2d 464, 465; State ex rel. Beaucamp v. Lazaroff (1997), 77 Ohio St.3d 237, 238, 673 N.E.2d 1273, 1274.

Second, as the court of appeals concluded in Beaver’s direct appeal, Beaver invited any error arising from the felonious assault charge because his trial counsel requested a jury instruction on that charge.1 See State v. Keenan (1998), *52181 Ohio St.3d 133, 144, 689 N.E.2d 929, 942. Linder the invited-error doctrine, a party will not be permitted to take advantage of an error that he himself invited or induced the trial court to make. State ex rel. The V Cos. v. Marshall (1998), 81 Ohio St.3d 467, 471, 692 N.E.2d 198, 202; cf. Beaucamp, 77 Ohio St.3d at 238, 673 N.E.2d at 1274-1275, and Stacy v. Van Coren (1969), 18 Ohio St.2d 188, 189, 47 O.O.2d 397, 398, 248 N.E.2d 603, 604, in which we held that a plea of guilty to an uncharged offense waives the right to an indictment on that offense, thereby precluding issuance of a writ of habeas corpus.

Third, Beaver’s claims of double jeopardy and erroneous jury instructions are not cognizable in habeas corpus. Borsick v. State (1995), 73 Ohio St.3d 258, 259, 652 N.E.2d 951, 952; State ex rel. Richard v. Seidner (1996), 76 Ohio St.3d 149, 152, 666 N.E.2d 1134, 1136.

Finally, the fact that Beaver has already invoked alternate remedies, e.g., appeal and postconviction relief, to raise some of these same issues does not entitle him to extraordinary relief. See State ex rel. Sampson v. Parrott (1998), 82 Ohio St.3d 92, 93, 694 N.E.2d 463.

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.

. Whether felonious assault is a lesser included offense of murder or attempted murder has not yet been resolved. See, e.g., State v. Williams (1998), 81 Ohio St.3d 1262, 1262-1263, 693 N.E.2d 282 (Cook, J., dissenting).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.