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69 Ohio St. 3d 466

Cornell v. Schotten

Ohio Supreme Court

Decided June 22, 1994

Ohio Supreme Court · decided 1994-06-22

Key passage — most relied on by later courts

“long held that habeas corpus will not be substituted for appeal or post-conviction relief.”

quoted by 1 later decision, including Jordan v. Johnson

Relies on Bloss v. Rogers · 7 Ohio St. 2d 102 - In re Piazza · Bellman v. Jago

Good law ✅— No negative treatment on recordhow we know

Decided 1994-06-22

How this case has been cited

Cited by 47 later decisions — most recently May 2022 · most notably Boyd v. Money (1998), Daniel v. State (2003)

47 state decisions

1801994200020102020decided

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.

¶1Appellant first contends that his duty to submit commitment papers was negated when respondent, J.L. Schotten, Warden of the Trumbull Correctional Institution, supplied a copy of the commitment order with a motion to dismiss the complaint. Appellant further contends that his memorandum in *467opposition to the motion to dismiss cured his failure to comply with R.C. 2725.04(D). However, R.C. 2725.04(D) explicitly requires that a copy of the cause of detention be attached to a petition for habeas corpus. We held in Bloss v. Rogers (1992), 65 Ohio St.3d 145, 602 N.E.2d 602, that failure to attach a copy of the cause of detention to a petition for habeas corpus results in the petition being fatally defective. See, also, State ex rel. Parker v. Ohio Parole Bd. (1993), 68 Ohio St.3d 23, 623 N.E.2d 37.

¶2Moreover, the other issues that appellant seeks to raise in this appeal are not jurisdictional in nature as required by R.C. 2725.05. Appellant seeks release from detention on several grounds, including insufficient evidence, improper witness testimony, allegations that only eleven members of the sentencing jury were polled concerning his guilty verdict, and ineffective assistance of counsel. Appellant has or had an adequate remedy at law for each of these allegations. We have long held that habeas corpus will not be substituted for appeal or post-conviction relief. In re Piazza (1966), 7 Ohio St.2d 102, 36 O.O.2d 84, 218 N.E.2d 459, and Bellman v. Jago (1988), 38 Ohio St.3d 55, 526 N.E.2d 308.

¶3The judgment of the court of appeals is affirmed.

¶4Judgment affirmed.

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