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State, ex Rel. Tran, v. McMackin

Supreme Court of Ohio
Dec 4, 1991
62 Ohio St. 3d 165 (Ohio 1991)

Summary

In State ex rel. Tran v. McMackin (1991), 62 Ohio St.3d 165, 580 N.E.2d 782, the petitioner-appellant sought relief in habeas corpus after pleading guilty to aggravated murder and aggravated robbery.

Summary of this case from Wade v. Director

Opinion

No. 90-2043

Submitted June 26, 1991 —

Decided December 4, 1991.

APPEAL from the Court of Appeals for Marion County, No. 9-90-32.

Appellant, Quang Ly Tran, pled guilty to and was convicted of aggravated murder and aggravated robbery in 1988. On July 6, 1990, he filed a petition for a writ of habeas corpus in the Court of Appeals for Marion County. That court dismissed the petition.

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

Quang Ly Tran, pro se. Lee I. Fisher, Attorney General, and John J. Gideon, for appellee.


On appeal, appellant argues that his conviction was obtained through fraud and trickery of the state and his court-appointed counsel. These allegations do not attack the jurisdiction of the sentencing court and are not grounds for issuing a writ of habeas corpus. See R.C. 2725.05 and State, ex rel. Justice, v. McMackin (1990), 53 Ohio St.3d 72, 558 N.E.2d 1183.

Accordingly, the judgment of the court of appeals is affirmed.

Judgment affirmed.

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


Summaries of

State, ex Rel. Tran, v. McMackin

Supreme Court of Ohio
Dec 4, 1991
62 Ohio St. 3d 165 (Ohio 1991)

In State ex rel. Tran v. McMackin (1991), 62 Ohio St.3d 165, 580 N.E.2d 782, the petitioner-appellant sought relief in habeas corpus after pleading guilty to aggravated murder and aggravated robbery.

Summary of this case from Wade v. Director
Case details for

State, ex Rel. Tran, v. McMackin

Case Details

Full title:THE STATE, EX REL. TRAN, APPELLANT, v. MCMACKIN, WARDEN, APPELLEE

Court:Supreme Court of Ohio

Date published: Dec 4, 1991

Citations

62 Ohio St. 3d 165 (Ohio 1991)
580 N.E.2d 782

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