Gerhart v. Tate

Ohio Supreme Court

Gerhart v. Tate

515 N.E.2d 917, 33 Ohio St. 3d 120, 1987 Ohio LEXIS 428

CourtOhio Supreme Court

DecidedDecember 2, 1987

DocketNo. 86-1540

StatusPublished

Cited by1 cases

This text of 515 N.E.2d 917 (Gerhart 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

Gerhart v. Tate, 515 N.E.2d 917, 33 Ohio St. 3d 120, 1987 Ohio LEXIS 428 (Ohio 1987).

Pincite

Opinion

Per Curiam.

The court of appeals dismissed for failure to state a claim upon which relief can be granted, apparently on the theory that appellant has an adequate remedy of law by appeal, delayed appeal, or post-conviction relief under R.C. 2953.21 to 2953.23. We affirm on the basis of Noble v. McMaken (1976), 45 Ohio St. 2d 236, 74 O.O. 2d 379, 344 N.E. 2d 129, in which this court held “ ‘that the availability of the post-conviction remedies provided by Sections 2953.21 to 2953.24, inclusive, Revised Code, is ground for denial of’ a writ of habeas corpus,” citing Freeman v. Maxwell (1965), 4 Ohio St. 2d 4, 33 O.O. 2d 2, 210 N.E. 2d 885, certiorari denied (1966), 382 U.S. 1017. Here, appellant offered no evidence of having exhausted his post-conviction remedies.

The judgment of the court of appeals is affirmed.

Judgment affirmed.

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

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The court of appeals dismissed for failure to state a claim upon which relief can be granted, apparently on the theory that appellant has an adequate remedy of law by appeal, delayed appeal, or post-conviction relief under R.C. 2953.21 to 2953.23. We affirm on the basis of Noble v. McMaken (1976), 45 Ohio St. 2d 236, 74 O.O. 2d 379, 344 N.E. 2d 129, in which this court held “ ‘that the availability of the post-conviction remedies provided by Sections 2953.21 to 2953.24, inclusive, Revised Code, is ground for denial of’ a writ of habeas corpus,” citing Freeman v. Maxwell (1965), 4 Ohio St. 2d 4, 33 O.O. 2d 2, 210 N.E. 2d 885, certiorari denied (1966), 382 U.S. 1017. Here, appellant offered no evidence of having exhausted his post-conviction remedies.

The judgment of the court of appeals is affirmed.

Judgment affirmed.

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

Cite This Page — Counsel Stack

Bluebook (online)

515 N.E.2d 917, 33 Ohio St. 3d 120, 1987 Ohio LEXIS 428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerhart-v-tate-ohio-1987.

Opinion

Related

Cite This Page — Counsel Stack