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Keith v. Kelley

Supreme Court of Ohio
Apr 28, 2010
926 N.E.2d 646 (Ohio 2010)

Opinion

No. 2010-0037.

Submitted April 20, 2010.

Decided April 28, 2010.

APPEAL from the Court of Appeals for Trumbull County, No. 2009-T-0056, 2009-Ohio-6711.

Jeffrey C. Keith, pro se.

Richard Cordray, Attorney General, and M. Scott Criss, Assistant Attorney General, for appellee.


{¶ 1} We affirm the judgment dismissing the petition of appellant, Jeffrey C. Keith, for a writ of habeas corpus. Res judicata bars Keith from filing a successive habeas corpus petition insofar as he raises claims that he either raised or could have raised in his previous petition. Amstutz v. Eberlin, 119 Ohio St.3d 421, 2008-Ohio-4538, 894 N.E.2d 1219, ¶ 7; Keith v. Bobby, 117 Ohio St.3d 470, 2008-Ohio-1443, 884 N.E.2d 1067. Moreover, as the court of appeals held, Keith's initial sentence is not void and has not expired, and he has or had an adequate remedy by appeal to raise his claims that the trial court judges were improperly assigned to his criminal cases. See Keith, at ¶ 12, 14.

Judgment affirmed.

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

The late CHIEF JUSTICE THOMAS J. MOYER did not participate in the decision in this case.


Summaries of

Keith v. Kelley

Supreme Court of Ohio
Apr 28, 2010
926 N.E.2d 646 (Ohio 2010)
Case details for

Keith v. Kelley

Case Details

Full title:KEITH, APPELLANT, v. KELLEY, WARDEN, APPELLEE

Court:Supreme Court of Ohio

Date published: Apr 28, 2010

Citations

926 N.E.2d 646 (Ohio 2010)
926 N.E.2d 646
2010 Ohio 1807

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