2001 OHIO 198 - Travis v. Bagley

[This decision has been published in Ohio Official Reports at

92 Ohio St.3d 322

.]




              TRAVIS, APPELLANT, v. BAGLEY, WARDEN, APPELLEE.
                      [Cite as Travis v. Bagley,

2001-Ohio-198

.]
Habeas corpus sought to compel relator’s release from prison—Dismissal of
        petition affirmed—Claimed violation of a criminal defendant’s right to a
        speedy trial is not cognizable in habeas corpus—Appeal is proper remedy
        for alleged violation of speedy trial right.
         (No. 01-367—Submitted June 20, 2001—Decided July 18, 2001.)
     APPEAL from the Court of Appeals for Richland County, No. 00-CA-102.
                                  __________________
        Per Curiam.
        {¶ 1} In 1988, appellant, Bernard W. Travis, was convicted of kidnapping,
rape, attempted rape, felonious assault, and gross sexual imposition, and he was
sentenced to prison. On appeal, his convictions were affirmed. State v. Travis
(Apr. 16, 1990), Cuyahoga App. No. 56825, unreported,

1990 WL 40573

.
        {¶ 2} In December 2000, Travis filed a petition in the Court of Appeals for
Richland County for a writ of habeas corpus to compel his release from prison.
Travis claimed that his trial court had denied him his constitutional right to a speedy
trial. In January 2001, the court of appeals dismissed the petition.
        {¶ 3} This cause is now before the court upon Travis’s appeal as of right.
        {¶ 4} We affirm the judgment of the court of appeals for the reasons stated
in its opinion. A claimed violation of a criminal defendant’s right to a speedy trial
is not cognizable in habeas corpus. Brown v. Leonard (1999),

86 Ohio St.3d 593

716 N.E.2d 183

; Mack v. Maxwell (1963),

174 Ohio St. 275

22 O.O.2d 335

189 N.E.2d 156

. Instead, appeal is the appropriate remedy. State ex rel. Brantley v.
Anderson (1997),

77 Ohio St.3d 446

674 N.E.2d 1380

.
                                                                        Judgment affirmed.
                            SUPREME COURT OF OHIO




       MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
LUNDBERG STRATTON, JJ., concur.
                             __________________
       Bernard W. Travis, pro se.
       Betty D. Montgomery, Attorney General, and Mark J. Zemba, Assistant
Attorney General, for appellee.
                             __________________




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