84 OHIOST3D 328 - Russell v. Mitchell

How this case has been cited

Cited by 46 later decisions — most recently June 2021 · most notably Chari v. Vore (2001), State ex rel. Sneed v. Anderson (2007)

46 state decisions

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.

Per Curiam.

¶1Russell asserts that the court of appeals erred in dismissing his habeas corpus petition. For the following reasons, however, Russell’s assertions lack merit.

¶2 *329First, as the court of appeals correctly held, Russell’s claimed violation of his right to a speedy trial is not cognizable in habeas corpus. State ex rel. Brantley v. Ghee (1997), 80 Ohio St.3d 287, 288, 685 N.E.2d 1243, 1244.

¶3Second, res judicata precluded Russell from again raising his speedy trial claim. State ex rel. Richard v. Seidner (1996), 77 Ohio St.3d 68, 69, 671 N.E.2d 28, 28-29.

¶4Third, the fact that Russell had already unsuccessfully invoked some of his alternate remedies did not entitle him to the requested extraordinary relief. Childers v. Wingard (1998), 83 Ohio St.3d 427, 428, 700 N.E.2d 588, 589.

¶5Finally, Russell did not verify his petition, as required by R.C: 2725.04. Thornton v. Russell (1998), 82 Ohio St.3d 93, 95, 694 N.E.2d 464, 465.

¶6Based on the foregoing, we affirm the judgment of the court of appeals.

¶7Judgment affirmed.

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