STATE WILLIAMS v. BRIGANO (1997)

Supreme Court of Ohio.

The STATE ex rel. WILLIAMS, Appellant, v. BRIGANO, Warden, Appellee.

No. 96-2752.

Decided: May 14, 1997

Donald L. Williams, Sr., pro se. Betty D. Montgomery, Attorney General, and Donald Gary Keyser, Assistant Attorney General, for appellee, Anthony Brigano, Warden.

per Curiam. Williams asserts that the court of appeals erred in dismissing his habeas corpus petition. Williams's assertion lacks merit for the following reasons.

First, a claimed denial of the right to a speedy trial is not cognizable in habeas corpus. State ex rel. Dotson v. Rogers (1993), 66 Ohio St.3d 25, 607 N.E.2d 453. Instead, appeal is the appropriate remedy to raise this claim. Russell v. Tate (1992), 64 Ohio St.3d 444, 444-445, 596 N.E.2d 1039, 1040.

Second, the speedy trial issue has been previously adjudicated on direct appeal, and res judicata bars Williams from relitigating the issue in a habeas corpus action. Id., 64 Ohio St.3d at 445, 596 N.E.2d at 1040.

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

Judgment affirmed.

PER CURIAM.

MOYER, C.J., and DOUGLAS, RESNICK, FRANCIS E. SWEENEY, Sr., RESNICK, FRANCIS E. SWEENEY, Sr., PFEIFER, COOK, COOK and LUNDBERG STRATTON, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network