Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Per Curiam.
{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Tony D. Smith, for a writ of habeas corpus, for the reasons stated in its opinion. Smith's claim that the jury-verdict forms did not list the essential elements of his criminal offense is not cognizable in habeas corpus. Wells v. Hudson, 113 Ohio St.3d 308, 2007-Ohio-1955, 865 N.E.2d 46, ¶ 8. Nor is Smith's claim alleging that the jury failed to specify the amount of drugs involved in the degree of the offense cognizable in habeas corpus. See State ex rel. Wynn v. Baker (1991), 61 Ohio St.3d 464, 465, 575 N.E.2d 208. Finally, Smith had an adequate remedy in the ordinary course of law by appeal to raise his claim of sentencing error. State ex rel. Hughley v. McMonagle, 121 Ohio St.3d 536, 2009-Ohio-1703, 905 N.E.2d 1220, ¶ 1.
Judgment affirmed.
PER CURIAM.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 2009-0904.
Decided: September 15, 2009
Court: Supreme Court of Ohio.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)