From Casetext: Smarter Legal Research

State ex Rel. Raglin v. Brigano

Supreme Court of Ohio
Jul 29, 1998
82 Ohio St. 3d 410 (Ohio 1998)

Summary

noting that "the validity or sufficiency of an indictment" is " ‘nonjurisdictional in nature, and should [be] raised in an appeal of criminal conviction rather than in habeas corpus' "

Summary of this case from State v. Lambert

Opinion

No. 97-2464

Submitted June 24, 1998 —

Decided July 29, 1998

APPEAL from the Court of Appeals for Warren County, No. CA97-08-086.

In 1995, appellant, Donnell Raglin, was convicted of involuntary manslaughter with an accompanying firearm specification and was sentenced to a term of five to ten years in prison.

In 1997, Raglin filed a petition in the Court of Appeals for Warren County for a writ of habeas corpus to compel his immediate release from prison. Raglin claimed that his conviction was void because his trial court improperly amended his indictment from an original charge of murder to a charge of involuntary manslaughter.

The court of appeals granted the Civ.R. 12(B)(6) motion of appellee, Raglin's prison warden, and dismissed the petition.

This cause is now before the court upon an appeal as of right.

Donnell Raglin, pro se. Betty D. Montgomery, Attorney General, and Karen L. Killian, Assistant Attorney General, for appellee.


We affirm the judgment of the court of appeals for the reasons stated in its opinion. Raglin's claim challenges the validity or sufficiency of his indictment, is nonjurisdictional in nature, and should have been raised in an appeal of his criminal conviction rather than in habeas corpus. See State ex rel. Richard v. Seidner (1996), 76 Ohio St.3d 149, 151, 666 N.E.2d 1134, 1136 ("Richard essentially challenged the validity of his amended indictment, a claim which is not cognizable in habeas corpus.").

Judgment affirmed.

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


Summaries of

State ex Rel. Raglin v. Brigano

Supreme Court of Ohio
Jul 29, 1998
82 Ohio St. 3d 410 (Ohio 1998)

noting that "the validity or sufficiency of an indictment" is " ‘nonjurisdictional in nature, and should [be] raised in an appeal of criminal conviction rather than in habeas corpus' "

Summary of this case from State v. Lambert

In State ex rel. Raglin v. Brigano (1998), 82 Ohio St.3d 410, * * *, the petitioner sought a writ of habeas corpus on the grounds that the trial court had allegedly erred in amending the indictment against him.

Summary of this case from State ex Rel. Smith v. Yost

In State ex rel. Raglin v. Brigano (1998), 82 Ohio St.3d 410, the petitioner sought a writ of habeas corpus on the grounds that the trial court had allegedly erred in amending the indictment against him.

Summary of this case from State ex Rel. Smith v. Yost

In State ex rel. Raglin v. Brigano (1998), 82 Ohio St.3d 410, the petitioner sought a writ of habeas corpus on the grounds that the trial court had allegedly erred in amending the indictment against him.

Summary of this case from State v. Yost
Case details for

State ex Rel. Raglin v. Brigano

Case Details

Full title:THE STATE EX REL. RAGLIN, APPELLANT, v. BRIGANO, WARDEN, APPELLEE

Court:Supreme Court of Ohio

Date published: Jul 29, 1998

Citations

82 Ohio St. 3d 410 (Ohio 1998)
696 N.E.2d 585

Citing Cases

State v. Yost

However, even if it assumed that respondent's alleged amendment was improper, the relevant case law of this…

State v. Pondexter

To the contrary, it is well settled that arguments challenging the sufficiency or validity of an indictment…