McDougald v. Brunsman

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as McDougald v. Brunsman, Slip Opinion No. 2011-Ohio-4607.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2011-OHIO-4607 MCDOUGALD, APPELLANT, v. BRUNSMAN, WARDEN, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as McDougald v. Brunsman, Slip Opinion No. 2011-Ohio-4607.] Habeas corpus Invalidity of indictment, innocence of charge, and prosecutorial misconduct are not claims cognizable in habeas corpus Judgment dismissing petition affirmed. (No. 2011-0796 Submitted September 7, 2011 Decided September 15, 2011.) APPEAL from the Court of Appeals for Warren County, No. CA2011-02-011. __________________ Per Curiam. {¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Jerone McDougald, for a writ of habeas corpus. His claims are not cognizable in habeas corpus. See Pishok v. Kelly, 122 Ohio St.3d 292, 2009-Ohio-3452, 910 N.E.2d 1033 (validity or sufficiency of charging instrument); Junius v. Eberlin, 122 Ohio St.3d 53, 2009-Ohio-2383, 907 N.E.2d 1179 (actual innocence); Keith v. Bobby, 117 Ohio St.3d 470, 2008-Ohio-1443, SUPREME COURT OF OHIO 884 N.E.2d 1067, ¶ 15 (fraud upon the court, prosecutorial misconduct, and perjured testimony). Judgment affirmed. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. __________________ Jerone McDougald, pro se. Michael DeWine, Attorney General, and Elizabeth A. Matune, Assistant Attorney General, for appellee. _____________________ 2

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