Opinion
No. 77-244
Decided June 15, 1977.
Habeas corpus — Petition dismissed, when — Appeal proper remedy.
IN HABEAS CORPUS.
Larry Raymond Smith, petitioner herein, appeared as a defendant in a jury trial in the Court of Common Peas of Muskingum County on December 14, 1976. Smith first stated to the court his desire to dismiss his appointed counsel and retain private counsel. The trial judge determined that the appointed counsel was adequate, and counsel proceeded with the voir dire examination of the prospective jurors. Smith became and continued to be very disruptive and was subsequently bound and gagged. Smith had to be physically restrained by police officers and was finally removed from the courtroom.
Defendant's motion for a mistrial was granted. Defendant was immediately brought before the court and was found to be in contempt. The trial judge ordered him confined in the Muskingum County jail for six months.
On February 15, 1977, Smith filed a petition for a writ of habeas corpus with the Court of Appeals. On February 24, 1977, that court denied the writ stating that defendant had a "proper and available remedy by way of appeal from the judgment." The court added that if time for filing a notice of appeal had expired, it would consider a motion for leave to appeal.
Smith then filed the instant petition for a writ of habeas corpus in this court, alleging unlawful imprisonment and restraint of liberty.
Mr. Berry D. Levy, for petitioner.
Mr. Richard E. Bridwell, prosecuting attorney, and Mr. Warren B. Richardson, for respondent.
The courts of this state have the power to summarily punish an individual for contempt. The alleged errors asserted by petitioner do not attack the jurisdiction of the Court of Common Pleas to sentence him for contempt. The purpose of habeas corpus is to inquire into alleged unlawful restraints of liberty and it is not the proper remedy to inquire into non-jurisdictional errors or irregularities. See Baker v. Sacks (1961), 172 Ohio St. 340.
Habeas corpus is an extraordinary remedy and is not available as a means of relief where there is an adequate remedy in the ordinary course of the law. In re Piazza (1966), 7 Ohio St.2d 102.
Petitioner's proper remedy is by way of appeal from the judgment of the Court of Common Pleas.
Therefore, the petition for a writ of habeas corpus is hereby dismissed.
Petition dismissed.
O'NEILL, C.J., HERBERT, CELEBREZZE, W. BROWN, P. BROWN, SWEENEY and LOCHER, JJ., concur.