Goins v. Pineda

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Goins v. Pineda, Slip Opinion No. 2011-Ohio-529.] 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-529 GOINS, APPELLANT, v. PINEDA, WARDEN, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Goins v. Pineda, Slip Opinion No. 2011-Ohio-529.] Subsequent petitions for habeas corpus relief Res judicata bars this second petition Judgment affirmed. (No. 2010-1736 Submitted February 2, 2011 Decided February 9, 2011.) APPEAL from the Court of Appeals for Hocking County, No. 09CA5. __________________ Per Curiam. {¶ 1} We affirm the judgment of the court of appeals denying the motion of appellant, Dana Goins, for leave to file a second petition for a writ of habeas corpus. Res judicata bars Goins from filing a successive habeas corpus petition to raise claims that he raised or could have raised in his previous petition. See State ex rel. Johnson v. Pineda, 126 Ohio St.3d 480, 2010-Ohio-4387, 935 N.E.2d 38, ¶ 1.1 1 We deny appellant s motion for oral argument. SUPREME COURT OF OHIO Judgment affirmed. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. __________________ Dana Goins, pro se. R. Michael DeWine, Attorney General, and M. Scott Criss, Assistant Attorney General, for appellee. ______________________ 2

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