Opinion
No. 88-44
Submitted May 17, 1988 —
Decided July 20, 1988.
Habeas corpus — Dismissal of petition affirmed, when.
APPEAL from the Court of Appeals for Madison County, No. CA87-10-021.
Appellant, Eugene Bellman, was incarcerated pursuant to convictions for, inter alia, rape and kidnapping. He petitioned the Court of Appeals for Madison County for a writ of habeas corpus. That court dismissed the petition.
The cause is now before this court on an appeal as of right.
Eugene Bellman, pro se. Anthony J. Celebrezze, Jr., attorney general, and Alexander G. Thomas, for appellee.
Appellant raises the following constitutional issues: right to counsel, prosecutorial misconduct, right to a speedy trial, denial of due process, and effective assistance of counsel. All these issues are appropriately raised by appeal or through post-conviction relief proceedings under R.C. 2953.21 through 2953.23, but not by petition for habeas corpus. Habeas corpus "is not and never was a post-conviction remedy for the review of errors or irregularities of an accused's conviction or for a retrial of the guilt or innocence of an accused. * * *" Walker v. Maxwell (1965), 1 Ohio St.2d 136, 137, 30 O.O. 2d 487, 488, 205 N.E.2d 394, 395.
Accordingly, we affirm the judgment of the court of appeals.
Judgment affirmed.
MOYER, C.J., SWEENEY, LOCHER, HOLMES, DOUGLAS, WRIGHT and H. BROWN, JJ., concur.