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Hughley v. Saunders

Supreme Court of Ohio
Oct 28, 2009
917 N.E.2d 270 (Ohio 2009)

Opinion

No. 2009-1228.

Submitted October 20, 2009.

Decided October 28, 2009.

APPEAL from the Court of Appeals for Fairfield County, No. 09-CA-18, 2009-Ohio-4912.

Kevin Hughley, pro se.

Richard Cordray, Attorney General, and M. Scott Criss, Assistant Attorney General, for appellee.


{¶ 1} We affirm the judgment of the court of appeals denying the petition of appellant, Kevin Hughley, for a writ of habeas corpus. Hughley had an adequate remedy by appeal to raise any error by the trial court in calculating his jail-time credit. State ex rel. Rudolph v. Horton, 119 Ohio St.3d 350, 2008-Ohio-4476, 894 N.E.2d 49, ¶ 3. Moreover, because he attacks only one of his sentences, he is not entitled to the writ. "`Where a petitioner is incarcerated for several crimes, the fact that the sentencing court may have lacked jurisdiction to sentence him on one of the crimes does not warrant his release in habeas corpus.'" Keith v. Bobby, 117 Ohio St.3d 470, 2008-Ohio-1443, 884 N.E.2d 1067, ¶ 13, quoting Swiger v. Seidner (1996), 74 Ohio St.3d 685, 687, 660 N.E.2d 1214.

Judgment affirmed.

MOYER, C.J., and LUNDBERG STRATTON, O'CONNOR, O'DONNELL, LANZINGER, and CUPP, JJ., concur.

PFEIFER, J., concurs in judgment only.


Summaries of

Hughley v. Saunders

Supreme Court of Ohio
Oct 28, 2009
917 N.E.2d 270 (Ohio 2009)
Case details for

Hughley v. Saunders

Case Details

Full title:HUGHLEY, APPELLANT, v. SAUNDERS, WARDEN, APPELLEE

Court:Supreme Court of Ohio

Date published: Oct 28, 2009

Citations

917 N.E.2d 270 (Ohio 2009)
917 N.E.2d 270
2009 Ohio 5585

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