Smith v. Johnson

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Smith v. Johnson, Slip Opinion No. 2013-Ohio-403.] 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. 2013-OHIO-403 SMITH, APPELLANT, v. JOHNSON, WARDEN, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Smith v. Johnson, Slip Opinion No. 2013-Ohio-403.] Habeas corpus Adequate remedy in ordinary course of law Writ denied. (No. 2012-1747 Submitted February 6, 2013 Decided February 14, 2013.) APPEAL from the Court of Appeals for Madison County, No. CA2012-08-018. __________________ Per Curiam. {¶ 1} We affirm the judgment of the court of appeals granting the motion of appellee, Madison Correctional Institution Warden Rod B. Johnson, and dismissing the petition of appellant, James Smith, for a writ of habeas corpus. Smith s claims of a speedy-trial violation and a defective jury-verdict form are not cognizable in habeas corpus, and he had an adequate remedy by appeal to raise them. See State ex rel. Hart v. Turner, 132 Ohio St.3d 479, 2012-Ohio-3305, 974 N.E.2d 87; State ex rel. Harsh v. Sheets, 132 Ohio St.3d 198, 2012-Ohio-2368, 970 N.E.2d 926, ¶ 3; Smith v. Smith, 123 Ohio St.3d 145, 2009-Ohio-4691, 914 N.E.2d 1036. SUPREME COURT OF OHIO Judgment affirmed. O CONNOR, C.J., and PFEIFER, O DONNELL, LANZINGER, KENNEDY, FRENCH, and O NEILL, JJ., concur. __________________ James Smith, pro se. Michael DeWine, Attorney General, and William H. Lamb, Assistant Attorney General, for appellee. ______________________ 2

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