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State, ex Rel. Hadlock, v. Corrigan

Supreme Court of Ohio
Dec 11, 1991
580 N.E.2d 1089 (Ohio 1991)

Opinion

No. 91-1273

Submitted September 17, 1991 —

Decided December 11, 1991.

APPEAL from the Court of Appeals for Cuyahoga County, No. 61373.

Relator-appellant, Wes Hadlock, sought a writ of mandamus in the court of appeals to compel respondent-appellee, John E. Corrigan, Judge of the Court of Common Pleas of Cuyahoga County, to vacate his prior entry sentencing appellant for convictions of kidnapping and extortion. Appellant contended that appellee had no jurisdiction to make the entry. The court of appeals dismissed the complaint, holding that the claims made did not divest appellee of jurisdiction and that post-conviction relief was an adequate remedy at law.

In his complaint, relator alleged that:
(1) No valid charging instrument was filed in the criminal case;
(2) his appointed attorneys had no authority to represent him;
(3) the indictment did not name him;
(4) the record showed an entry of nolle prosequi, but the case was tried anyway; and
(5) he was never lawfully arrested or advised of his rights.

The cause is before the court upon an appeal as of right.

Wes Hadlock, pro se. Stephanie Tubbs Jones, Prosecuting Attorney, and Laurence R. Snyder, for appellee.


We affirm the judgment of the court of appeals. None of appellant's claims challenges the sentencing court's jurisdiction; therefore, appeal and post-conviction relief are adequate remedies at law.

Judgment affirmed.

MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur.


Summaries of

State, ex Rel. Hadlock, v. Corrigan

Supreme Court of Ohio
Dec 11, 1991
580 N.E.2d 1089 (Ohio 1991)
Case details for

State, ex Rel. Hadlock, v. Corrigan

Case Details

Full title:THE STATE, EX REL. HADLOCK, APPELLANT, v. CORRIGAN, JUDGE, APPELLEE

Court:Supreme Court of Ohio

Date published: Dec 11, 1991

Citations

580 N.E.2d 1089 (Ohio 1991)
580 N.E.2d 1089

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