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State ex Rel. Brantley v. Anderson

Supreme Court of Ohio
Feb 19, 1997
77 Ohio St. 3d 446 (Ohio 1997)

Opinion

No. 96-1725

Submitted January 7, 1997 —

Decided February 19, 1997.

APPEAL from the Court of Appeals for Richland County, No. 96 CA 49.

Appellant, Reverend Gregory Brantley, filed a petition for a writ of habeas corpus in the Court of Appeals for Richland County, alleging that he was being unlawfully restrained of his liberty by appellee, Carl Anderson, Warden of Mansfield Correctional Institute. Brantley asserted that his sentencing court lacked jurisdiction to try and convict him because it violated his right to a speedy trial. The court of appeals dismissed the petition.

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

Rev. Gregory Brantley, pro se. Betty D. Montgomery, Attorney General, and Donald Gary Keyser, Assistant Attorney General, for appellee.


The court of appeals correctly determined that an appeal rather than the extraordinary writ of habeas corpus is the appropriate remedy when challenging claimed violations of an accused's right to a speedy trial. State ex rel. Dotson v. Rogers (1993), 66 Ohio St.3d 25, 607 N.E.2d 453; Russell v. Tate (1992), 64 Ohio St.3d 444, 444-445, 596 N.E.2d 1039, 1040.

In addition, Brantley's petition was subject to dismissal because he failed to attach a copy of his alleged commitment. R.C. 2725.04(D); Adkins v. McFaul (1996), 76 Ohio St.3d 350, 353, 667 N.E.2d 1171, 1174.

Based on the foregoing, we affirm the judgment of the court of appeals.

Judgment affirmed.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.


Summaries of

State ex Rel. Brantley v. Anderson

Supreme Court of Ohio
Feb 19, 1997
77 Ohio St. 3d 446 (Ohio 1997)
Case details for

State ex Rel. Brantley v. Anderson

Case Details

Full title:THE STATE EX REL. BRANTLEY, APPELLANT, v. ANDERSON, WARDEN, APPELLEE

Court:Supreme Court of Ohio

Date published: Feb 19, 1997

Citations

77 Ohio St. 3d 446 (Ohio 1997)
674 N.E.2d 1380

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