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74 Ohio St. 3d 413

Thomas v. Collins

Ohio Supreme Court

Decided January 31, 1996

Ohio Supreme Court · decided 1996-01-31

Cited by 11 later decisions — most recently July 2018

11 state decisions

Relies on State ex rel. Pirman v. Money · State v. O'Brien

Good law ✅— No negative treatment on recordhow we know

Decided 1996-01-31

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Per Curiam.

¶1Whether the evidence conforms to the indictment is not a jurisdictional issue as contended by petitioner-appellant. However, habeas corpus relief may be granted for nonjurisdictional claims, if the petitioner has no adequate remedy at law. State ex rel. Firman v. Money (1993), 69 Ohio St.3d *414591, 593, 635 N.E.2d 26, 29. Issues involving the relationship of the indictment to the evidence may clearly be appealed. See State v. O’Brien (1987), 30 Ohio St.3d 122, 30 OBR 436, 508 N.E.2d 144. Thus, petitioner in this case had an adequate remedy at law.

¶2Accordingly, we overrule the motion to strike or dismiss and affirm the judgment of the court of appeals.

¶3Judgment affirmed.

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