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67 Ohio St. 3d 435

Rodgers v. Capots

Ohio Supreme Court

Decided October 6, 1993

Ohio Supreme Court · decided 1993-10-06

Key passage — most relied on by later courts

“Petitioner does not question the jurisdiction of the trial court; he questions the constitutionality of R.C. 2967.13 (parole eligibility) as applied to him. Testing this constitutional issue is not the function of the state writ of habeas corpus * * *. Petitioner must elect some other cause of action.”

quoted by 2 later decisions, including State Ex Rel. McGrath v. Gilligan, Unpublished Decision (2-16-2005), Fears v. Cooper

“not the proper remedy to address every concern a prisoner has about his legal rights or status.”

quoted by 2 later decisions, including Fears v. Cooper, Alford v. Crutchfield

Relies on Stahl v. Shoemaker · Brewer v. Dahlberg

Good law ✅— No negative treatment on recordhow we know

Decided 1993-10-06

How this case has been cited

Cited by 26 later decisions — most recently October 2024 · most notably 84 Ohio St. 3d 165 - State ex rel. Smirnoff v. Greene (1998), Hattie v. Anderson (1994)

26 state decisions

901993200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1Habeas corpus is not the proper remedy to address every concern a prisoner has about his legal rights or status. R.C. 2725.05 states:

“If it appears that a person alleged to be restrained of his liberty is in the custody of an officer under process issued by a court or magistrate, or by virtue of the judgment or order of a court of record, and that the court or magistrate had jurisdiction to issue the process, render the judgment, or make the order, the writ of habeas corpus shall not be allowed. If the jurisdiction appears after the writ is allowed, the person shall not be discharged by reason of any informality or defect in the process, judgment, or order.”

¶2Petitioner does not question the jurisdiction of the trial court; he questions the constitutionality of R.C. 2967.13 (parole eligibility) as applied to him. Testing this constitutional issue is not the function of the state writ of habeas corpus, which is not coextensive with the federal writ. Brewer v. Dahlberg (C.A.6, 1991), 942 F.2d 328, 337. Petitioner must elect some other cause of action. Stahl v. Shoemaker (1977), 50 Ohio St.2d 351, 354, 4 O.O.3d 485, 487-488, 364 N.E.2d 286, 287-288.

¶3Accordingly, the judgment of the court of appeals is affirmed.

¶4Judgment affirmed.

Moyer, C.J., A.W. Sweeney, Douglas, Wright, Resnick, F.E. Sweeney and Pfeifer, JJ., concur.
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