McGee v. Sheldon
Annotate this Case
Download PDF
[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as McGee v. Sheldon, Slip Opinion No. 2012-Ohio-2217.] 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-2217 MCGEE, APPELLANT, v. SHELDON, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as McGee v. Sheldon, Slip Opinion No. 2012-Ohio-2217.] Habeas corpus Writ unavailable to challenge charging instrument Adequate remedy by appeal precludes writ. (No. 2011-2113 Submitted May 9, 2012 Decided May 24, 2012.) APPEAL from the Court of Appeals for Marion County, No. 9-11-38. __________________ Per Curiam. {¶ 1} We affirm the judgment dismissing the petition of appellant, Belvin McGee, for a writ of habeas corpus to compel appellee, North Central Correctional Institution Warden Edward Sheldon, to release him from prison. Habeas corpus is not available to challenge the validity of a charging instrument. Shroyer v. Banks, 123 Ohio St.3d 88, 2009-Ohio-4080, 914 N.E.2d 368, ¶ 1. In addition, McGee s May 2008 sentencing entry sufficiently included language that postrelease control was part of his sentence so as to afford him sufficient notice to raise any claimed errors on appeal rather than by extraordinary writ. SUPREME COURT OF OHIO State ex rel. Pruitt v. Cuyahoga Cty. Court of Common Pleas, 125 Ohio St.3d 402, 2010-Ohio-1808, 928 N.E.2d 722, ¶ 4. The sentencing entry constituted a final, appealable order, and he had an adequate remedy by way of appeal to raise his claims. State ex rel. Castro v. Corrigan, 129 Ohio St.3d 342, 2011-Ohio4059, 952 N.E.2d 497, ¶ 3. Judgment affirmed. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. __________________ Belvin McGee, pro se. Mike DeWine, Attorney General, and Gene D. Park, 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.
