Miller v. Ohio Dept. of Rehab. & Corr.

Annotate this Case

Download PDF

[Cite as Miller v. Ohio Dept. of Rehab. & Corr., 123 Ohio St.3d 87, 2009-Ohio-4081.] MILLER, APPELLANT, v. OHIO DEPARTMENT OF REHABILITATION & CORRECTION ET AL., APPELLEES. [Cite as Miller v. Ohio Dept. of Rehab. & Corr., 123 Ohio St.3d 87, 2009-Ohio-4081.] Appeal from dismissal of a petition for a writ of habeas corpus Res judicata bars petitioner from filing a successive habeas corpus petition Judgment affirmed. (No. 2009-0555 Submitted August 11, 2009 Decided August 19, 2009.) APPEAL from the Court of Appeals for Belmont County, No. 08-BE-35, 2009-Ohio-697. __________________ Per Curiam. {¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Timothy A. Miller, for a writ of habeas corpus. Miller previously filed a petition for a writ of habeas corpus that raised the same issues as in this petition. Miller v. Eberlin, 116 Ohio St.3d 1434, 2007-Ohio-6518, 877 N.E.2d 987. Res judicata barred Miller from filing a successive habeas corpus petition. Amstutz v. Eberlin, 119 Ohio St.3d 421, 2008-Ohio-4538, 894 N.E.2d 1219, ¶ 7. Judgment affirmed. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O CONNOR, O DONNELL, LANZINGER, and CUPP, JJ., concur. __________________ Timothy A. Miller, pro se. Richard Cordray, Attorney General, and Jerri L. Fosnaught, Assistant Attorney General, for appellees. ______________________

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.