Turner v. Brunsman

Annotate this Case

Download PDF

[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Turner v. Brunsman, Slip Opinion No. 2009-Ohio-5588.] 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. 2009-OHIO-5588 TURNER, APPELLANT, v. BRUNSMAN, WARDEN, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Turner v. Brunsman, Slip Opinion No. 2009-Ohio-5588.] Habeas corpus Dismissal affirmed Sentencing error not cognizable in habeas corpus. (No. 2009-1129 Submitted October 20, 2009 Decided October 28, 2009.) APPEAL from the Court of Appeals for Warren County, No. CA2009-02-021. __________________ Per Curiam. {¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Donald Turner, for a writ of habeas corpus. Turner s claim of nonjurisdictional sentencing errors is not cognizable in habeas corpus. See, e.g., Dunn v. Smith, 119 Ohio St.3d 364, 2008-Ohio-4565, 894 N.E.2d 312, ¶ 10. If, as Turner claims, the trial court refuses to issue a revised sentencing entry, he may compel the court to act through an action for a writ of mandamus or a writ of procedendo. Id. at ¶ 9. Judgment affirmed. SUPREME COURT OF OHIO MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O CONNOR, O DONNELL, LANZINGER, and CUPP, JJ., concur. __________________ Donald Turner, pro se. Richard Cordray, Attorney General, and William H. Lamb, Assistant Attorney General, for appellee. ______________________ 2

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.