Jefferson v. Bunting
Annotate this CaseAppellant, an inmate serving sentences from separate convictions, filed a petition for a writ of habeas corpus challenging the jurisdiction of the common pleas court to order him back to prison in the first case after he received an unconditional final release in that case. Defendant filed a motion to dismiss on the grounds of res judicata, attaching numerous exhibits. The court of appeals granted the motion. The Supreme Court reversed, holding that the court of appeals should have granted the motion to dismiss into a motion for summary judgment because the res judicata defense depended on documents outside the pleadings. Further, the appellate court compounded its error by failing to give Appellant an opportunity to respond to the motion. Remanded.
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