Blackburn v. Jago

529 N.E.2d 929, 39 Ohio St. 3d 139, 1988 Ohio LEXIS 321
Ohio Supreme Court·Decided October 12, 1988·No. No. 88-1023·Published·Cited by 32 cases

Opinion

Per Curiam.

Habeas corpus is not a proper remedy for reviewing errors of sentencing by a court of competent jurisdiction. Walker v. Maxwell (1965), 1 Ohio St. 2d 136, 30 O.O. 2d 487, 205 N.E. 2d 394. Appeal or postconviction relief would be the proper remedy. Since it appears from the face of his petition that petitioner has sought and been denied postconviction relief on [140]*140this issue, the matter is res judicata. See Anderson v. Maxwell (1967), 10 Ohio St. 2d 188, 39 O.O. 2d 196, 226 N.E. 2d 103. Accordingly, the writ is denied.

Writ denied.

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

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Blackburn v. Jago, 529 N.E.2d 929, 39 Ohio St. 3d 139, 1988 Ohio LEXIS 321 (Ohio 1988).

529 N.E.2d 929 (Blackburn v. Jago) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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