Ohio Supreme Court, 2009

Smith v. Smith

Ohio Supreme Court · Decided September 15, 2009 · Moyer, Pfeifer, Stratton, O'Connor, O'Donnell, Lanzinger, Cupp

2009 Ohio 4691; 123 Ohio St. 3d 145; 914 N.E.2d 1036

Cases that cite this one

7 later published cases cite this decision.

Handcock v. Shoop (Slip Opinion) (Ohio 2019)
State ex rel. Gibson v. Sloan (Slip Opinion) (Ohio 2016)
Smith v. Johnson (Ohio 2013)
State ex rel. Harsh v. Sheets (Ohio 2012)
State ex rel. Cotton v. Russo (Ohio 2010)
State ex rel. Dodson v. Smith (Ohio 2025)
Wimmer v. Public Utilities Commission (Ohio 2012)

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

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Tony D. Smith, for a writ of habeas corpus, for the reasons stated in its opinion. Smith’s claim that the jury-verdict forms did not list the essential elements of his criminal offense is not cognizable in habeas corpus. Wells v. Hudson, 113 Ohio St.3d 308, 2007-Ohio-1955, 865 N.E.2d 46, ¶ 8. Nor is Smith’s claim alleging that the jury failed to specify the amount of drugs involved or the degree of the offense cognizable in habeas corpus. See State ex rel. Wynn v. Baker (1991), 61 Ohio St.3d 464, 465, 575 N.E.2d 208. Finally, Smith had an adequate remedy in the ordinary course of law by appeal to raise his claim of sentencing error. State ex rel. Hughley v. McMonagle, 121 Ohio St.3d 536, 2009-Ohio-1703, 905 N.E.2d 1220, ¶ 1.

Judgment affirmed.

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

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