Freshour v. Tate

Ohio Supreme Court

Freshour v. Tate

583 N.E.2d 1301, 62 Ohio St. 3d 410, 1992 Ohio LEXIS 175

CourtOhio Supreme Court

DecidedJanuary 29, 1992

DocketNo. 90-2134

StatusPublished

Cited by4 cases

This text of 583 N.E.2d 1301 (Freshour v. Tate) 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

Freshour v. Tate, 583 N.E.2d 1301, 62 Ohio St. 3d 410, 1992 Ohio LEXIS 175 (Ohio 1992).

Pincite

Opinion

Per Curiam.

On appeal, appellant renews the claims concerning the effective date of R.C. 2929.71, the failure to appoint independent examiners, and the tampering with evidence. None of appellant’s claimed errors shows a lack of jurisdiction by the trial court, which is required for the issuance of a writ of habeas corpus when a petitioner is incarcerated pursuant to a judgment of a court of record. R.C. 2725.05. His claim that R.C. 2929.71 did not become effective until after the crime was committed is wrong. R.C. 2929.71 first went into effect on January 5, 1983. (139 Ohio Laws, Part I, 523, 569-570.) The indictment alleges that the attempted murder occurred on or about February 7, 1983.

Appellant’s alleged errors concerning independent examiners and tampering with evidence are procedural matters. “Habeas corpus does not reach procedural errors either in the original trial or attempted appeal therefrom.” Parker v. Maxwell (1963), 174 Ohio St. 471, 473, 23 O.O.2d 116, 117, 190 N.E.2d 271, 273.

The judgment of the court of appeals is affirmed.

Judgment affirmed.

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

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Per Curiam.

On appeal, appellant renews the claims concerning the effective date of R.C. 2929.71, the failure to appoint independent examiners, and the tampering with evidence. None of appellant’s claimed errors shows a lack of jurisdiction by the trial court, which is required for the issuance of a writ of habeas corpus when a petitioner is incarcerated pursuant to a judgment of a court of record. R.C. 2725.05. His claim that R.C. 2929.71 did not become effective until after the crime was committed is wrong. R.C. 2929.71 first went into effect on January 5, 1983. (139 Ohio Laws, Part I, 523, 569-570.) The indictment alleges that the attempted murder occurred on or about February 7, 1983.

Appellant’s alleged errors concerning independent examiners and tampering with evidence are procedural matters. “Habeas corpus does not reach procedural errors either in the original trial or attempted appeal therefrom.” Parker v. Maxwell (1963), 174 Ohio St. 471, 473, 23 O.O.2d 116, 117, 190 N.E.2d 271, 273.

The judgment of the court of appeals is affirmed.

Judgment affirmed.

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

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Bluebook (online)

583 N.E.2d 1301, 62 Ohio St. 3d 410, 1992 Ohio LEXIS 175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freshour-v-tate-ohio-1992.

Opinion

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