Palmer v. Jeffreys
Palmer v. Jeffreys
Opinion
{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Atropin Palmer, for a writ of habeas corpus to compel his release from *388 prison. As the court of appeals correctly held, Palmer’s petition is “fatally defective” and subject to dismissal because he failed to attach a copy of his commitment papers. State ex rel. Jones v. Bradshaw, 123 Ohio St.3d 444, 2009-Ohio-5586, 917 N.E.2d 268, ¶ 1. Moreover, habeas corpus “is not available to challenge the validity of a charging instrument.” Shroyer v. Banks, 123 Ohio St.3d 88, 2009-Ohio-4080, 914 N.E.2d 368, ¶ 1. Palmer had adequate remedies in the ordinary course of law to raise his defective-indictment claim. Howard v. Randle, 95 Ohio St.3d 281, 2002-Ohio-2122, 767 N.E.2d 268, ¶ 6. We also deny Palmer’s motion to strike appellee’s brief.
Judgment affirmed.
Reference
- Full Case Name
- Palmer, Appellant, v. Jeffreys, Warden, Appellee
- Status
- Published