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89 Ohio St. 3d 455

Kirklin v. Enlow

Ohio Supreme Court

Decided August 16, 2000

Ohio Supreme Court · decided 2000-08-16

Relies on State v. Pless · Jackson v. Rose · State ex rel. Jackson v. Callahan

Good law ✅— No negative treatment on recordhow we know

Decided 2000-08-16

How this case has been cited

Cited by 14 later decisions — most recently March 2024

14 state decisions

90200020102020decided

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.

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Per Curiam.

¶1Kirklin asserts that the court of appeals erred in dismissing his prohibition action because the trial court lacked jurisdiction to convict and sentence him after it failed to comply with R.C. 2945.06. For the following reasons, Kirklin’s claim lacks merit.

¶2An alleged violation of R.C. 2945.06 is not cognizable in an extraordinary writ action and may be remedied only in a direct appeal from a criminal conviction. State ex rel. Collins v. Leonard (1997), 80 Ohio St.3d 477, 478, 687 N.E.2d 443, *456443-444; Jackson v. Rose (1997), 79 Ohio St.3d 51, 679 N.E.2d 684; State v. Pless (1996), 74 Ohio St.3d 333, 658 N.E.2d 766, paragraph two of the syllabus.

¶3In addition, habeas corpus, rather than prohibition, is the appropriate remedy for persons claiming entitlement to release from prison. State ex rel. Jackson v. Callahan (1999), 86 Ohio St.3d 73, 711 N.E.2d 686. Consequently, Kirklin is not entitled to a writ of prohibition to achieve the same result.

¶4Based on the foregoing, the court of appeals did not err in dismissing Kirklin’s prohibition complaint. Accordingly, we affirm the judgment of the court of appeals.

¶5Judgment affirmed.

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