Ohio Supreme Court, 2009

Pishok v. Kelly

Ohio Supreme Court · Decided July 21, 2009 · Moyer, Pfeifer, Stratton, O'Connor, O'Donnell, Lanzinger, Cupp

2009 Ohio 3452; 122 Ohio St. 3d 292; 910 N.E.2d 1033

Cases that cite this one

2 later published cases cite this decision.

McDougald v. Brunsman (Ohio 2011)
State ex rel. Bandarapalli v. Gallagher (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

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.

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