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177 Ohio St. (N.S.) 39

Ball v. Maxwell

Ohio Supreme Court

Decided October 21, 1964

Ohio Supreme Court · decided 1964-10-21

Decided 1964-10-21

Per Curiam.

¶1In this action in habeas corpus, petitioner is attacking only his convictions under the November 1960 indictment. It is his contention that he has been denied due process because of a lack of an adequate appellate review.

¶2However, relief by habeas corpus cannot be given, since *40petitioner is still subject to detention under the sentences on the convictions under the 1961 indictment. To entitle one to relief by habeas corpus, the result of such action must effectuate a release from present confinement. Page v. Green, Supt., 174 Ohio St., 178; Neal v. Maxwell, Warden, 176 Ohio St., 206; and Lowther v. Maxwell, Warden, 175 Ohio St., 39.

¶3Petitioner remanded to custody.

Taft, C. J., Zimmerman, Matthias, O’Neill, Griffith, Herbert and Gibson, JJ., concur.
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