McCuller v. Hudson

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[Cite as McCuller v. Hudson, 121 Ohio St.3d 168, 2009-Ohio-721.] MCCULLER, APPELLANT, v. HUDSON, WARDEN, APPELLEE. [Cite as McCuller v. Hudson, 121 Ohio St.3d 168, 2009-Ohio-721.] Habeas corpus not available to challenge validity of charging instrument. (No. 2008-1986 Submitted February 18, 2009 Decided February 24, 2009.) APPEAL from the Court of Appeals for Richland County, No. 08-CA-59, 2008-Ohio-4659. __________________ Per Curiam. {¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Charles McCuller, for a writ of habeas corpus. Even assuming that the court of appeals erred in denying McCuller s motion to amend his petition as moot, the court of appeals correctly dismissed the petition. A reviewing court will not reverse a correct judgment even if the lower court s reasons were erroneous. Goudlock v. Voorhies, 119 Ohio St.3d 398, 2008-Ohio4787, 894 N.E.2d 692, ¶ 12. McCuller s claims raised in his petition and his motion to amend the petition are not cognizable in habeas corpus. Christian v. Gansheimer, 118 Ohio St.3d 235, 2008-Ohio-2219, 887 N.E.2d 1175, ¶ 5 ( An extraordinary writ is not available to challenge the validity or sufficiency of a charging instrument ); State v. Colon, 119 Ohio St.3d 204, 2008-Ohio-3749, 893 N.E.2d 169, ¶ 5 ( the rule announced in Colon I is prospective in nature and applies only to those cases pending on the date when Colon I was announced ). Judgment affirmed. MOYER, C.J., and PFEIFER, LUNDBERG O DONNELL, LANZINGER, and CUPP, JJ., concur. __________________ Charles McCuller, pro se. STRATTON, O CONNOR, SUPREME COURT OF OHIO Richard Cordray, Attorney General, and M. Scott Criss, Assistant Attorney General, for appellee. ______________________ 2

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