Bevins v. Richard
Annotate this CaseAppellant, an inmate, was convicted of aggravated burglary and rape. Appellant filed this action in habeas corpus alleging that his convictions and sentence were invalid and he must be released. Specifically, Appellant alleged that the trial court had declared a mistrial in a third retrial but failed to place that declaration in a journal entry, and therefore, the trial court did not have jurisdiction over him for a fourth trial. The court of appeals dismissed the action. The Supreme Court affirmed, holding (1) res judicata barred Appellant’s habeas corpus petition because Appellant had filed at least one previous petition for habeas corpus; and (2) Appellant had an adequate remedy in the ordinary course of the law.
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