State ex rel. Harsh v. Sheets
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Harsh v. Sheets, Slip Opinion No. 2012-Ohio-2368.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2012-OHIO-2368 THE STATE EX REL. HARSH, APPELLANT, v. SHEETS, WARDEN, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Harsh v. Sheets, Slip Opinion No. 2012-Ohio2368.] Court of appeals judgment dismissing petition for writ of habeas corpus affirmed. (No. 2012-0093 Submitted May 23, 2012 Decided May 31, 2012.) APPEAL from the Court of Appeals for Butler County, No. CA2011-10-203. __________________ Per Curiam. {¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Robert Harsh, for a writ of habeas corpus. Harsh previously unsuccessfully raised many of his same claims in his direct appeal, State v. Harsh, Butler App. No. CA2007-03-083, so res judicata bars him from using habeas corpus to obtain a successive appellate review of the same claims. See Roberts v. Knab, 131 Ohio St.3d 60, 2012-Ohio-56, 960 N.E.2d 457, ¶ 1. SUPREME COURT OF OHIO {¶ 2} Moreover, because Harsh either raised or could have raised his claims in three previous state habeas corpus cases, res judicata also bars him from filing a successive habeas corpus petition. Nickelson v. Knab, 131 Ohio St.3d 199, 2012-Ohio-579, 963 N.E.2d 154, ¶ 1. Like the court of appeals in this case, we similarly dismissed a successive habeas corpus petition filed by Harsh in 2011. Harsh v. Knab, 128 Ohio St.3d 1498, 2011-Ohio-2420, 947 N.E.2d 681. {¶ 3} Finally, Harsh s claims are not cognizable in habeas corpus, and he had an adequate remedy by way of appeal to raise his claims. See Smith v. Smith, 123 Ohio St.3d 145, 2009-Ohio-4691, 914 N.E.2d 1036, ¶ 1 (claim that juryverdict forms did not list essential elements of criminal offense); Haynes v. Voorhies, 110 Ohio St.3d 243, 2006-Ohio-4355, 852 N.E.2d 1198, ¶ 5 (claim challenging validity of amendment to an indictment); State ex rel. Austin v. Knab, 127 Ohio St.3d 118, 2010-Ohio-4982, 936 N.E.2d 958, ¶ 1 (claim of nonjurisdictional sentencing errors); Webber v. Kelly, 120 Ohio St.3d 440, 2008Ohio-6695, 900 N.E.2d 175, ¶ 8 (claim challenging sufficiency of the evidence); Keith v. Bobby, 117 Ohio St.3d 470, 2008-Ohio-1443, 884 N.E.2d 1067, ¶ 15 (claims of fraud upon the court and prosecutorial misconduct). Judgment affirmed. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. __________________ Robert Harsh, pro se. ______________________ 2
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