McCuller v. Hudson

Ohio Supreme Court
McCuller v. Hudson, 121 Ohio St. 3d 168 (Ohio 2009)
Connor, Cupp, Donnell, Lanzinger, Moyer, Pfeifer, Stratton

McCuller v. Hudson

Opinion of the Court

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Charles McCuller, for a writ of habeas corpus. Even assuming that the court of appeals erred in denying McCuller’s motion to amend his petition as moot, the court of appeals correctly dismissed the petition. A reviewing court will not reverse a correct judgment even if the lower court’s reasons were erroneous. Goudlock v. Voorhies, 119 Ohio St.3d 398, 2008-Ohio-4787, 894 N.E.2d 692, ¶ 12. McCuller’s claims raised in his petition and his motion to amend the petition are not cognizable in habeas corpus. Christian v. Gansheimer, 118 Ohio St.3d 235, 2008-Ohio-2219, 887 N.E.2d 1175, ¶ 5 (“An extraordinary writ is not available to challenge the validity or sufficiency of a charging instrument”); State v. Colon, 119 Ohio St.3d 204, 2008-Ohio-3749, 893 N.E.2d 169, ¶ 5 (“the rule announced in Colon I is prospective in nature and applies only to those cases pending on the date when Colon I was announced”).

Judgment affirmed.

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

Reference

Full Case Name
McCuller v. Hudson, Warden
Cited By
2 cases
Status
Published