State ex rel. Bevins v. Johnson

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Bevins v. Johnson, Slip Opinion No. 2012-Ohio-3922.] 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-3922 THE STATE EX REL. BEVINS, APPELLANT, v. JOHNSON, WARDEN, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Bevins v. Johnson, Slip Opinion No. 2012-Ohio-3922.] Habeas corpus Failure to state a viable claim Adequate remedy at law available Court of appeals dismissal of petition affirmed. (No. 2012-0586 Submitted August 22, 2012 Decided September 5, 2012.) APPEAL from the Court of Appeals for Madison County, No. CA2012-01-005. __________________ Per Curiam. {¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Andrew Bevins Jr., for a writ of habeas corpus. Bevins s claims are not cognizable in habeas corpus. Boles v. Knab, 130 Ohio St.3d 339, 2011-Ohio-5049, 958 N.E.2d 554, ¶ 1 (speedy trial); Thomas v. Huffman, 84 Ohio St.3d 266, 267, 703 N.E.2d 315 (1998) (equal protection); Bellman v. Jago, 38 Ohio St.3d 55, 55-56, 526 N.E.2d 308 (1988) (due process). Bevins had an adequate remedy by appeal to raise his claims. SUPREME COURT OF OHIO Judgment affirmed. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. __________________ Andrew Bevins Jr. Michael DeWine, Attorney General, and Hilda Rosenberg, Assistant Attorney General, for appellee. ______________________ 2

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