Hughley v. Saunders

Ohio Supreme Court
Hughley v. Saunders, 2009 Ohio 5585 (Ohio 2009)
123 Ohio St. 3d 446; 917 N.E.2d 270
Moyer, Stratton, O'Connor, O'Donnell, Lanzinger, Cupp, Pfeifer

Hughley v. Saunders

Opinion

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals denying the petition of appellant, Kevin Hughley, for a writ of habeas corpus. Hughley had an adequate *447 remedy by appeal to raise any error by the trial court in calculating his jail-time credit. State ex rel. Rudolph v. Horton, 119 Ohio St.3d 350, 2008-Ohio-4476, 894 N.E.2d 49, ¶ 3. Moreover, because he attacks only one of his sentences, he is not entitled to the writ. “ ‘Where a petitioner is incarcerated for several crimes, the fact that the sentencing court may have lacked jurisdiction to sentence him on one of the crimes does not warrant his release in habeas corpus.’ ” Keith v. Bobby, 117 Ohio St.3d 470, 2008-Ohio-1443, 884 N.E.2d 1067, ¶ 13, quoting Swiger v. Seidner (1996), 74 Ohio St.3d 685, 687, 660 N.E.2d 1214.

Kevin Hughley, pro se. Richard Cordray, Attorney General, and M. Scott Criss, Assistant Attorney General, for appellee.

Judgment affirmed.

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

Reference

Full Case Name
Hughley, Appellant, v. Saunders, Warden, Appellee
Cited By
5 cases
Status
Published