Ohio Supreme Court, 2009

Shroyer v. Banks

Ohio Supreme Court · Decided August 19, 2009 · Moyer, Pfeifer, Stratton, O'Connor, O'Donnell, Lanzinger, Cupp

2009 Ohio 4080; 123 Ohio St. 3d 88; 914 N.E.2d 368

Cases that cite this one

11 later published cases cite this decision.

Handcock v. Shoop (Slip Opinion) (Ohio 2019)
Rock v. Harris (Slip Opinion) (Ohio 2019)
Palmer v. May (Ohio Ct. App. 2019)
Jury v. Miller (Slip Opinion) (Ohio 2016)
State ex rel. Arroyo v. Sloan (Ohio 2015)
McGee v. Sheldon (Ohio 2012)
Palmer v. Jeffreys (Ohio 2011)
Wilson v. Hudson (Ohio 2010)
State ex rel. Menton v. Sloan (Ohio Ct. App. 2017)
State v. Bowers (Ohio Ct. App. 2012)
Rock v. Bracy (Ohio Ct. App. 2018)

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, James R. Shroyer, for a writ of habeas corpus. Habeas corpus is not available to challenge the validity of a charging instrument. McCuller v. Hudson, 121 Ohio St.3d 168, 2009-Ohio-721, 902 N.E.2d 979, ¶1. In addition, Shroyer’s plea of guilty to the charges contained in the bill of information waived his claimed right to an indictment. State ex rel. Morris v. Leonard (1999), 86 Ohio St.3d 624, 625, 716 N.E.2d 208. Finally, Shroyer’s claim of ineffective assistance of counsel is not cognizable in habeas corpus. Everett v. Eberlin, 114 Ohio St.3d 199, 2007-Ohio-3832, 870 N.E.2d 1190, ¶ 6.

Judgment affirmed.

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

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