Grinnell v. Bowen (Slip Opinion)
Grinnell v. Bowen (Slip Opinion)
Opinion
*410 {¶ 1} Appellant, Timothy Grinnell, appeals the judgment of the Seventh District Court of Appeals dismissing his petition for a writ of habeas corpus. We affirm.
{¶ 2}
Grinnell was convicted of two counts of aggravated murder and sentenced to prison for 20 years to life on each charge.
See
State v. Grinnell
,
{¶ 3} The court of appeals granted Bowen's motion to dismiss. Grinnell appealed.
{¶ 4}
A trial court's failure to comply with Crim.R. 32 does not call into question the court's jurisdiction, nor does it entitle an inmate to immediate release from confinement.
Dunn v. Smith
,
*196
Durain v. Sheldon
,
{¶ 5} We affirm the judgment of the court of appeals.
Judgment affirmed.
O'Connor, C.J., and French, Fischer, Donnelly, and Stewart, JJ., concur.
Kennedy, J., concurs in judgment only, with an opinion joined by DeWine, J.
Kennedy, J., concurring in judgment only.
{¶ 6}
I concur in the majority's judgment affirming the Seventh District Court of Appeals' dismissal of appellant Timothy Grinnell's petition for a writ of habeas corpus. I write separately, however, because a dismissal for the failure to state a claim upon which relief can be granted is a decision on the merits,
State ex rel. Arcadia Acres v. Ohio Dept. of Job & Family Servs.
,
*411
{¶ 7}
Grinnell is serving a sentence of 20 years to life in prison for his participation in the murder of two fellow inmates during the 1993 Lucasville prison riot.
See
State v. Grinnell
,
{¶ 8} Grinnell has petitioned for a writ of habeas corpus, alleging that the trial court never journalized the judgment of conviction in his case.
{¶ 9}
However, we rejected this same claim in an appeal in 2013: "Grinnell's sentencing entry constitutes a final, appealable order because it set forth his convictions, the sentence, the judge's signature, and the time stamp indicating the entry upon the journal by the clerk."
State ex rel. Grinnell v. Reece
,
{¶ 10}
"We have routinely held that extraordinary writs may not be used as a substitute for an otherwise barred second appeal or to gain successive appellate reviews of the same issue."
State ex rel. LTV Steel Co. v. Gwin
,
{¶ 11} For these reasons, I concur in the court's judgment affirming the dismissal of Grinnell's petition for a writ of habeas corpus.
DeWine, J., concurs in the foregoing opinion.
Reference
- Full Case Name
- GRINNELL, Appellant, v. BOWEN, Warden, Appellee.
- Status
- Published
- Syllabus
- Habeas corpus—Petition fails to state a claim cognizable in habeas—Court of appeals' dismissal affirmed.