Bellman v. Jago

Ohio Supreme Court

Bellman v. Jago

526 N.E.2d 308, 38 Ohio St. 3d 55, 1988 Ohio LEXIS 218

CourtOhio Supreme Court

DecidedJuly 20, 1988

DocketNo. 88-44

StatusPublished

Cited by13 cases

This text of 526 N.E.2d 308 (Bellman v. Jago) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bellman v. Jago, 526 N.E.2d 308, 38 Ohio St. 3d 55, 1988 Ohio LEXIS 218 (Ohio 1988).

Pincite

Opinion

Per Curiam.

Appellant raises the following constitutional issues: right to counsel, prosecutorial misconduct, right to a speedy trial, denial of due process, and effective assistance of counsel. All these issues are appropriately raised by appeal or through post-conviction relief proceedings under R.C. 2953.21 through 2953.23, but not [56]*56by petition for habeas corpus. Habeas corpus “is not and never was a post-conviction remedy for the review of errors or irregularities of an accused’s conviction or for a retrial of the guilt or innocence of an accused. * * *” Walker v. Maxwell (1965), 1 Ohio St. 2d 136, 137, 30 O.O. 2d 487, 488, 205 N.E. 2d 394, 395.

Accordingly, we affirm the judgment of the court of appeals.

Judgment affirmed.

Moyer, C.J., Sweeney, Locher, Holmes, Douglas, Wright and H. Brown, JJ., concur.

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Per Curiam.

Appellant raises the following constitutional issues: right to counsel, prosecutorial misconduct, right to a speedy trial, denial of due process, and effective assistance of counsel. All these issues are appropriately raised by appeal or through post-conviction relief proceedings under R.C. 2953.21 through 2953.23, but not [56]*56by petition for habeas corpus. Habeas corpus “is not and never was a post-conviction remedy for the review of errors or irregularities of an accused’s conviction or for a retrial of the guilt or innocence of an accused. * * *” Walker v. Maxwell (1965), 1 Ohio St. 2d 136, 137, 30 O.O. 2d 487, 488, 205 N.E. 2d 394, 395.

Accordingly, we affirm the judgment of the court of appeals.

Judgment affirmed.

Moyer, C.J., Sweeney, Locher, Holmes, Douglas, Wright and H. Brown, JJ., concur.

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Bluebook (online)

526 N.E.2d 308, 38 Ohio St. 3d 55, 1988 Ohio LEXIS 218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bellman-v-jago-ohio-1988.

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