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McCuller v. Hudson

Supreme Court of Ohio
Feb 24, 2009
902 N.E.2d 979 (Ohio 2009)

Opinion

No. 2008-1986.

Submitted February 18, 2009.

Decided February 24, 2009.

APPEAL from the Court of Appeals for Richland County, No. 08-CA-59, 2008-Ohio-4659.

Charles McCuller, pro se.

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


{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Charles McCuller, for a writ of habeas corpus. Even assuming that the court of appeals erred in denying McCuller's motion to amend his petition as moot, the court of appeals correctly dismissed the petition. A reviewing court will not reverse a correct judgment even if the lower court's reasons were erroneous. Goudlock v. Voorhies, 119 Ohio St.3d 398, 2008-Ohio-4787, 894 N.E.2d 692, ¶ 12. McCuller's claims raised in his petition and his motion to amend the petition are not cognizable in habeas corpus. Christian v. Gansheimer, 118 Ohio St.3d 235, 2008-Ohio-2219, 887 N.E.2d 1175, ¶ 5 ("An extraordinary writ is not available to challenge the validity or sufficiency of a charging instrument"); State v. Colon, 119 Ohio St.3d 204, 2008-Ohio-3749, 893 N.E.2d 169, ¶ 5 ("the rule announced in Colon I is prospective in nature and applies only to those cases pending on the date when Colon I was announced").

Judgment affirmed.

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


Summaries of

McCuller v. Hudson

Supreme Court of Ohio
Feb 24, 2009
902 N.E.2d 979 (Ohio 2009)
Case details for

McCuller v. Hudson

Case Details

Full title:McCULLER, APPELLANT, v. HUDSON, WARDEN, APPELLEE. Page 169

Court:Supreme Court of Ohio

Date published: Feb 24, 2009

Citations

902 N.E.2d 979 (Ohio 2009)
121 Ohio St. 3d 168
2009 Ohio 721

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