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Pishok v. Kelly

Supreme Court of Ohio
Jul 21, 2009
2009 Ohio 3452 (Ohio 2009)

Opinion

No. 2009-0342.

Submitted July 14, 2009.

Decided July 21, 2009.

APPEAL from the Court of Appeals for Trumbull County, No. 2008-T-0093, 2009-Ohio-287.

David J. Pishok, 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 dismissing the petition for a writ of habeas corpus of appellant, David J. Pishok. Habeas corpus is not available to challenge the validity or sufficiency of a charging instrument. McCuller v. Hudson, 121 Ohio St.3d 168, 2009-Ohio-721, 902 N.E.2d 979, ¶ 1. Following Pishok's conviction and sentence for crimes charged in the indictment, the judgment bound him, and he had an adequate remedy in the ordinary course of law by appeal to raise his claim that the indictment was defective. Monroe v. Jackson, 119 Ohio St.3d 344, 2008-Ohio-4480, 894 N.E.2d 43, ¶ 4.

Judgment affirmed.

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


Summaries of

Pishok v. Kelly

Supreme Court of Ohio
Jul 21, 2009
2009 Ohio 3452 (Ohio 2009)
Case details for

Pishok v. Kelly

Case Details

Full title:PISHOK, APPELLANT, v. KELLY, WARDEN, APPELLEE. Page 293

Court:Supreme Court of Ohio

Date published: Jul 21, 2009

Citations

2009 Ohio 3452 (Ohio 2009)
122 Ohio St. 3d 292

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McDougald v. Warden, Lebanon Corr. Inst.

His claims are not cognizable in habeas corpus. See Pishok v. Kelly, 122 Ohio St.3d 292, 2009-Ohio-3452, 910…

Mcdougald v. Brunsman

His claims are not cognizable in habeas corpus. See Pishok v. Kelly, 122 Ohio St.3d 292, 2009-Ohio-3452, 910…