Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

RUSSELL APPELLANT, v. MITCHELL, WARDEN, APPELLEE.

Per Curiam.

Russell asserts that the court of appeals erred in dismissing his habeas corpus petition. For the following reasons, however, Russell's assertions lack merit.

First, as the court of appeals correctly held, Russell's claimed violation of his right to a speedy trial is not cognizable in habeas corpus. State ex rel. Brantley v. Ghee (1997), 80 Ohio St.3d 28q, 288, 685 N.E.2d 1243, 1244.

Second, res judicata precluded Russell from again raising his speedy trial claim. State ex rel. Richard v. Seidner (1996), 77 Ohio St.3d 68, 69, 671 N.E.2d 28, 28-29.

Third, the fact that Russell had already unsuccessfully invoked some of his alternate remedies did not entitle him to the requested extraordinary relief Childers v. Wingard (1998), 83 Ohio St.3d 427, 428, 700 N.E.2d 588, 589.

Finally, Russell did not verify his petition, as required by R.C. 2725.04. Thornton v. Russell (1998), 82 Ohio St.3d 93, 95, 694 N.E.2d 464, 465.

Based on the foregoing, we affirm the judgment of the court of appeals.

Judgment affirmed.

MOYER, C.J., DOUGLAS RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.

Use AI to get other relevant cases.

Comments

RUSSELL v. MITCHELL
(Jan 20, 1999)