Ohio Supreme Court, 2008

Mitchell v. Smith

Ohio Supreme Court · Decided December 2, 2008 · Connor, Cupp, Donnell, Lanzinger, Moyer, Pfeifer, Stratton

120 Ohio St. 3d 278; 898 N.E.2d 47

Cases that cite this one

2 later published cases cite this decision.

State ex rel. DeWine v. Burge (Ohio 2011)
State ex rel. DeWine v. Burge (Ohio 2011)

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.

{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Ervin L. Mitchell, for a writ of habeas corpus because a claimed violation of Crim.R. 32(C) does not entitle an inmate to immediate release from prison. Instead, if a violation is established, “the appropriate remedy is resentencing instead of outright release.” McAllister v. Smith, 119 Ohio St.3d 163, 2008-Ohio-3881, 892 N.E.2d 914, ¶ 9.1

Judgment affirmed.

Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.

. We deny Mitchell’s motion for oral argument.

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