Pishok v. Kelly

Ohio Supreme Court
Pishok v. Kelly, 2009 Ohio 3452 (Ohio 2009)
122 Ohio St. 3d 292; 910 N.E.2d 1033
Moyer, Pfeifer, Stratton, O'Connor, O'Donnell, Lanzinger, Cupp

Pishok v. Kelly

Opinion

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals dismissing the petition for a writ of habeas corpus of appellant, David J. Pishok. Habeas corpus is not available to challenge the validity or sufficiency of a charging instrument. McCuller v. Hudson, 121 Ohio St.3d 168, 2009-Ohio-721, 902 N.E.2d 979, ¶ 1. Following Pishok’s conviction and sentence for crimes charged in the indictment, the judgment bound him, and he had an adequate remedy in the ordinary course of law by appeal to raise his claim that the indictment was defective. Monroe v. Jackson, 119 Ohio St.3d 344, 2008-Ohio-4480, 894 N.E.2d 43, ¶ 4.

Judgment affirmed.

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

Reference

Full Case Name
Pishok, Appellant, v. Kelly, Warden, Appellee
Cited By
2 cases
Status
Published