1998 OHIO 540 - Thomas v. Huffman

[This opinion has been published in Ohio Official Reports at

84 Ohio St.3d 266

.]




            THOMAS, APPELLANT, v. HUFFMAN, WARDEN, APPELLEE.
                   [Cite as Thomas v. Huffman,

1998-Ohio-540

.]
Mandamus to compel relator’s immediate release from prison—Court of appeals
        does not err in dismissing complaint, when.
  (No. 98-1465—Submitted December 2, 1998—Decided December 30, 1998.)
     APPEAL from the Court of Appeals for Hamilton County, No. C-980321.
                                  __________________
        {¶ 1} In 1991, appellant, John T. Thomas III, was convicted of attempted
rape and sentenced to a prison term of three to fifteen years. In 1998, Thomas filed
a petition in the Court of Appeals for Hamilton County for a writ of habeas corpus
to compel his immediate release from prison. Thomas claimed that his conviction
and sentence were erroneous because of double jeopardy, ineffective assistance of
counsel, improper argument by the prosecuting attorney, and a violation of his right
to equal protection.
        {¶ 2} The court of appeals granted the motion of appellee, Thomas’s prison
warden, and dismissed the petition.
                                  __________________
        James T. Thomas III, pro se.
        Joseph T. Deters, Hamilton County Prosecuting Attorney, and Philip R.
Cummings, Assistant Prosecuting Attorney, for appellee.
                                  __________________
        Per Curiam.
        {¶ 3} Thomas asserts that the court of appeals erred in dismissing his habeas
corpus petition.
        {¶ 4} Thomas’s contention lacks merit because his claims are not
cognizable in habeas corpus. See, e.g., Gaskins v. Shiplevy (1995), 74 Ohio St.3d
                             SUPREME COURT OF OHIO




149, 150,

656 N.E.2d 1282, 1283

 (double jeopardy); Cornell v. Schotten (1994),

69 Ohio St.3d 466, 467

633 N.E.2d 1111, 1112

 (ineffective assistance of counsel); In
re Copley (1972),

29 Ohio St.2d 35

58 O.O.2d 98

278 N.E.2d 358

 (equal
protection); Mattox v. Sacks (1961),

172 Ohio St. 385

16 O.O.2d 243

176 N.E.2d 221

 (improper remarks made by prosecuting attorney). Thomas had adequate legal
remedies by an appeal or postconviction relief to raise his claimed errors. See State
ex rel. Massie v. Rogers (1997),

77 Ohio St.3d 449, 450

674 N.E.2d 1383, 1383

.
       {¶ 5} Based on the foregoing, the court of appeals properly dismissed the
habeas corpus petition. Therefore, 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.
                              __________________




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