[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State
ex rel. Mitchell v. Fredrick, Slip Opinion No. 

.]




                                           NOTICE
      This slip opinion is subject to formal revision before it is published in an
      advance sheet of the Ohio Official Reports. Readers are requested to
      promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65
      South Front Street, Columbus, Ohio 43215, of any typographical or other
      formal errors in the opinion, in order that corrections may be made before
      the opinion is published.




                          SLIP OPINION NO. 

  THE STATE EX REL. MITCHELL, APPELLANT, v. FREDRICK, WARDEN, ET AL.,
                                         APPELLEES.
  [Until this opinion appears in the Ohio Official Reports advance sheets, it
       may be cited as State ex rel. Mitchell v. Fredrick, Slip Opinion No.
                                     

.]
Habeas corpus—Inmate had adequate remedy in ordinary course of law through
        direct appeal to challenge validity of sentence, and trial court did not lack
        jurisdiction over his criminal case—Court of appeals’ judgment dismissing
        petition affirmed.
       (No. 2023-0791—Submitted April 9, 2024—Decided May 16, 2024.)
                APPEAL from the Court of Appeals for Marion County,
                                        No. 9-23-06.
                                    ________________
        Per Curiam.
        {¶ 1} Appellant, James E. Mitchell, is incarcerated at the Marion
Correctional Institution, serving a 160-year prison sentence imposed for a 1994
                                  SUPREME COURT OF OHIO




conviction in Summit County, which is to be served consecutively to a 3- to 15-
year prison sentence imposed for a June 1994 conviction in Portage County.
Mitchell appeals the Third District Court of Appeals’ judgment dismissing his
petition for a writ of habeas corpus against appellees, Warden George A. Fredrick1
and the Ohio Adult Parole Board. The court of appeals held that Mitchell failed to
allege a claim cognizable in habeas corpus and that he has or had an adequate
remedy in the ordinary course of the law. We affirm that judgment.
                FACTUAL AND PROCEDURAL BACKGROUND
         {¶ 2} In June 1994, Mitchell entered a guilty plea to one count each of
burglary and gross sexual imposition, and the Portage County Court of Common
Pleas sentenced him to an aggregate prison term of 3 to 15 years. Mitchell
appealed, arguing that the trial court erred in denying his motion to withdraw his
guilty plea, but the court of appeals affirmed the judgment. State v. Mitchell, 11th
Dist. Portage No. 94-P-0070, 

, *3 (June 23, 1995). In that appeal,
Mitchell did not challenge the jurisdiction of the trial court to sentence him. In
November 1994, a Summit County jury found Mitchell guilty on two counts each
of aggravated burglary and kidnapping and one count each of rape, felonious
assault, and attempted rape. The trial court sentenced Mitchell to an aggregate
maximum term of 160 years in prison and ordered Mitchell to serve that sentence
consecutively to the sentence imposed by the Portage County trial court.
         {¶ 3} In January 2023, Mitchell petitioned the Third District for a writ of
habeas corpus, arguing that the Portage County trial court lacked jurisdiction when
it sentenced him on his guilty plea to burglary and gross sexual imposition because
“no judgment of conviction and sentence ha[d] been imposed” on him with regard
to the indicted offenses of rape and aggravated burglary. He maintains that that
prison sentence is void and thus the sentences imposed by the Summit County trial

1. The current warden of the Marion Correctional Institution, Fredrick, is automatically substituted
as appellee for the former warden, Harold May, under S.Ct.Prac.R. 4.06(B).




                                                 2
                                January Term, 2024




court are void. The warden and board filed a motion to dismiss the petition, arguing
that Mitchell’s maximum prison sentence of 160 years had not expired and that his
claims were not cognizable in habeas corpus.
       {¶ 4} The court of appeals granted the motion to dismiss, concluding that
Mitchell failed to raise a cognizable claim in habeas corpus and failed to show that
his prison sentence had expired and because Mitchell had adequate remedies in the
ordinary course of the law to raise his claims.
                                    ANALYSIS
                             Applicable legal standards
       {¶ 5} We review de novo a decision granting a motion to dismiss under
Civ.R. 12(B)(6). State ex rel. Slaughter v. Foley, 

, 2021-Ohio-
4049, 

. Dismissal is appropriate if it appears beyond doubt, after
taking all allegations in the petition as true and making reasonable inferences in
Mitchell’s favor, that he can prove no set of facts entitling him to a writ of habeas
corpus. Orr v. Schweitzer, 

, 

, 

.
       {¶ 6} To obtain a writ of habeas corpus, Mitchell “must show that he is
being unlawfully restrained of his liberty, R.C. 2725.01, and that he is entitled to
immediate release from prison or confinement, State ex rel. Cannon v. Mohr, 

, 

, 120N.E.3d 776, ¶ 10.” State ex rel. Davis v.
Turner, 

, 

, 

. Habeas
corpus will lie when the court that imposed the sentence of confinement patently
and unambiguously lacked subject-matter jurisdiction. Stever v. Wainwright, 

, 

, 

. But a writ of habeas corpus
is precluded when a “petitioner has an adequate remedy in the ordinary course of
law, unless a trial court’s judgment is void for lack of jurisdiction.” 

.




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                             SUPREME COURT OF OHIO




                      Trial court’s subject-matter jurisdiction
       {¶ 7} Ohio’s common pleas courts have original jurisdiction over “all
crimes and offenses, except in cases of minor offenses the exclusive jurisdiction of
which is vested in courts inferior to the court of common pleas.” R.C. 2931.03.
This includes a common pleas court’s subject-matter jurisdiction over felony cases.
See Smith v. Sheldon, 

, 

, 

, ¶ 8
(petitioner’s habeas corpus claims were not cognizable, because common pleas
court had subject-matter jurisdiction over felony cases). When a trial court has
subject-matter and personal jurisdiction over the case and the defendant,
respectively, any errors in sentencing are voidable—not void—and are not subject
to collateral attack in an extraordinary writ action. State ex rel. Harris v. Hamilton
Cty. Clerk of Courts, 

, 

, 

.
       {¶ 8} Mitchell claims in his petition that “[t]o date, as previously
demonstrated, no judgment of conviction and sentence has been imposed on [him]
due to the unresolved indicted counts in the Portage County case.” According to
Mitchell, because the Portage County trial court never entered a “final order”
disposing of all charges, the prison sentences imposed by the Summit County trial
court are also invalid because they were ordered to be served after and
consecutively to the sentence imposed by the Portage County trial court. In his
petition, Mitchell also argues that the board lacked jurisdiction to “subject [him] to
its discretionary releasing authority and to order continued incarceration * * * as
there is no valid judgment of conviction and sentence imposed granting such
authority to the [board] pursuant to R.C. 2967.13(A).”
       {¶ 9} Mitchell’s arguments are not cognizable in habeas corpus.           The
Portage County trial court had subject-matter jurisdiction to accept Mitchell’s
guilty plea to burglary and gross sexual imposition and to sentence him accordingly.
Any defects in the trial court’s sentencing entry implicate the trial court’s exercise
of jurisdiction over Mitchell’s criminal case, not the court’s subject-matter




                                          4
                                 January Term, 2024




jurisdiction. See Pollock v. Morris, 

, 

(1988) (validity of guilty plea is a nonjurisdictional matter that should be raised on
appeal or in postconviction proceedings).
                              Adequate remedies existed
        {¶ 10} In his fourth proposition of law, Mitchell attacks the court of
appeals’ determination that he had adequate remedies sufficient to preclude relief
in habeas corpus, but the contents of his petition reveal the plethora of adequate
remedies that Mitchell had, which he pursued. See, e.g., State v. Mitchell, 11th
Dist. Portage No. 2018-P-0047, 

; State v. Mitchell, 11th Dist.
Portage No. 2019-P-0105, 

; see also State ex rel. Mitchell v.
Pittman, 

, 

, 

. Therefore,
we hold that the court of appeals correctly dismissed Mitchell’s petition based on
adequate-remedy grounds.
                           Mitchell’s arguments on appeal
        {¶ 11} Mitchell’s remaining arguments on appeal also lack merit. In his
first proposition of law, Mitchell contends that the court of appeals
mischaracterized his habeas claim. He posits that the court’s reasoning was flawed
as a result of its misunderstanding of his claim and that the dismissal was thus
erroneous. But that argument lacks merit because the court of appeals accurately
identified the issue that Mitchell raised in his petition, i.e., his allegations that his
charges for rape and aggravated burglary remain unresolved and that no final
judgment was entered by the Portage County trial court. State ex rel. Mitchell v.
May, 3d Dist. Marion No. 9-23-06 (May 15, 2023).
        {¶ 12} In his second and third propositions of law, Mitchell generally
argues that the court of appeals wrongly dismissed his petition on the grounds that
he failed to raise a claim cognizable in habeas corpus and he had adequate remedies
in the ordinary course of the law. We have already discussed above why these




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                             SUPREME COURT OF OHIO




arguments fail. Therefore, we hold that the court of appeals correctly dismissed
Mitchell’s claim under Civ.R. 12(B)(6).
                                 CONCLUSION
       {¶ 13} The Third District Court of Appeals’ judgment dismissing
Mitchell’s petition for a writ of habeas corpus is affirmed.
                                                               Judgment affirmed.
       KENNEDY, C.J., and FISCHER, DEWINE, DONNELLY, STEWART, BRUNNER,
and DETERS, JJ., concur.
                               _________________
       James E. Mitchell, pro se.
       Dave Yost, Attorney General, and Katherine E. Mullin, Assistant Attorney
General, for appellees.
                               _________________




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