Roberts v. Knab
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Roberts v. Knab, Slip Opinion No. 2012-Ohio-56.] 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. 2012-OHIO-56 ROBERTS, APPELLANT, v. KNAB, WARDEN, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Roberts v. Knab, Slip Opinion No. 2012-Ohio-56.] Habeas corpus Sentencing error not cognizable in habeas corpus Claim already raised in direct appeal Res judicata bars second raising of claim Judgment dismissing petition affirmed. (No. 2011-1364 Submitted January 3, 2012 Decided January 12, 2012.) APPEAL from the Court of Appeals for Ross County, No. 11CA3235. __________________ Per Curiam. {¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Michael Roberts, for a writ of habeas corpus. Roberts s claim of sentencing error is not cognizable in habeas corpus, and he had an adequate remedy in the ordinary course of law to raise the issue. Turner v. Brunsman, 123 Ohio St.3d 445, 2009-Ohio-5588, 917 N.E.2d 269. Roberts has already unsuccessfully raised his claim that the trial court erred in sentencing him without ordering a presentence-investigation report in a motion to vacate his SUPREME COURT OF OHIO sentence and in an appeal from the court s denial of his motion. See State v. Roberts, Franklin App. No. 10AP-223, 2010-Ohio-4324. Res judicata bars him from using habeas corpus to obtain a successive appellate review. Shie v. Smith, 123 Ohio St.3d 89, 2009-Ohio-4079, 914 N.E.2d 369, ¶ 2. We further deny Roberts s motions for correction or modification of the record and to take judicial notice. Judgment affirmed. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. __________________ Michael Roberts, pro se. Michael DeWine, Attorney General, and Gene D. Park, Assistant Attorney General, for appellee. ______________________ 2
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