Ohio Supreme Court, 2000

Gunnell v. Lazaroff

Ohio Supreme Court · Decided September 20, 2000 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

90 Ohio St. 3d 76; 734 N.E.2d 829

Cases that cite this one

7 later published cases cite this decision.

DeVore v. Black (Slip Opinion) (Ohio 2021)
State v. Hess, Unpublished Decision (12-2-2003) (Ohio Ct. App. 2003)
State ex rel. Rackley v. Sloan (Slip Opinion) (Ohio 2016)
Jerome Campbell v. Ralph Coyle, Warden (6th Cir. 2001)
Larsen v. State (Ohio 2001)
Larsen v. State (Ohio 2001)
Gunnell v. Lazaroff (Ohio 2000)

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.

We affirm the judgment of the court of appeals. Gunnell’s claims challenge the validity and sufficiency of his indictment and should have been raised by an alternative remedy in the ordinary course of law, e.g., appeal, *77rather than by extraordinary writ. See Orr v. Mack (1998), 83 Ohio St.3d 429, 430, 700 N.E.2d 590, 591; Wilkerson v. Mitchell (1999), 87 Ohio St.3d 52, 716 N.E.2d 1157, 1158. Further, the indictment did charge Taylor with aggravated murder and aggravated robbery, and he entered a guilty plea to involuntary manslaughter, which is a lesser included offense of the charged offense of aggravated murder. State v. Thomas (1988), 40 Ohio St.3d 213, 533 N.E.2d 286, paragraph one of the syllabus. An accused can properly plead guilty to a lesser included offense of the charge for which he was indicted, and habeas corpus will not lie to challenge a conviction on this plea. Crockett v. Haskins (1965), 2 Ohio St.2d 322, 31 O.O.2d 580, 208 N.E.2d 744. Therefore, Gunnell was not convicted and sentenced upon an uncharged offense.

Judgment affirmed.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.

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