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Travis v. Bagley

Supreme Court of Ohio
Jul 18, 2001
92 Ohio St. 3d 322 (Ohio 2001)

Opinion

No. 01-367.

Submitted June 20, 2001.

Decided July 18, 2001.

Appeal from the Court of Appeals for Richland County, No. 00-CA-102.

Bernard W. Travis, pro se.

Betty D. Montgomery, Attorney General, and Mark J. Zemba, Assistant Attorney General, for appellee.


In 1988, appellant, Bernard W. Travis, was convicted of kidnapping, rape, attempted rape, felonious assault, and gross sexual imposition, and he was sentenced to prison. On appeal, his convictions were affirmed. State v. Travis (Apr. 16, 1990), Cuyahoga App. No. 56825, unreported, 1990 WL 40573.

In December 2000, Travis filed a petition in the Court of Appeals for Richland County for a writ of habeas corpus to compel his release from prison. Travis claimed that his trial court had denied him his constitutional right to a speedy trial. In January 2001, the court of appeals dismissed the petition.

This cause is now before the court upon Travis's appeal as of right.

We affirm the judgment of the court of appeals for the reasons stated in its opinion. A claimed violation of a criminal defendant's right to a speedy trial is not cognizable in habeas corpus. Brown v. Leonard (1999), 86 Ohio St.3d 593, 716 N.E.2d 183; Mack v. Maxwell (1963), 174 Ohio St. 275, 22 O.O.2d 335, 189 N.E.2d 156. Instead, appeal is the appropriate remedy. State ex rel. Brantley v. Anderson (1997), 77 Ohio St.3d 446, 674 N.E.2d 1380.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.


Summaries of

Travis v. Bagley

Supreme Court of Ohio
Jul 18, 2001
92 Ohio St. 3d 322 (Ohio 2001)
Case details for

Travis v. Bagley

Case Details

Full title:Travis, Appellant, v. Bagley, Warden, Appellee

Court:Supreme Court of Ohio

Date published: Jul 18, 2001

Citations

92 Ohio St. 3d 322 (Ohio 2001)
750 N.E.2d 166

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