Flowers v. Haskins, 70-717

Decision Date03 March 1971
Docket NumberNo. 70-717,70-717
Parties, 54 O.O.2d 296 FLOWERS v. HASKINS, Supt., London Correctional Institution.
CourtOhio Supreme Court

Hobart Flowers, in pro. per.

Paul W. Brown, Atty. Gen., and James L. Hoover, Columbus, for respondent.

PER CURIAM.

Petitioner is presently in custody pursuant to two sentences imposed on him following convictions for two separate crimes. Even assuming the validity of petitioner's contention concerning his 1968 conviction he is still properly incarcerated on his sentence on his 1967 conviction. He is not, therefore, entitled to release in habeas corpus. Ball v. Maxwell (1965), 1 Ohio St.2d 77, 204 N.E.2d 62.

Petitioner has an available remedy by postconviction proceedings for contesting the validity of his 1968 conviction for breaking and entering an inhabited dwelling in the night season.

Petitioner remanded to custody.

SCHNEIDER, HERBERT, CORRIGAN, STERN and LEACH, JJ., concur.

C. WILLIAM O'NEILL, C. J., and DUNCAN, J., dissent.

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5 cases
  • State ex rel. Jackson v. Henderson
    • United States
    • Louisiana Supreme Court
    • November 23, 1971
    ...400, 183 A.2d 424 (1962); Brown v. Justice's Court of Carson Township, 83 Nev. 272, 428 P.2d 376 (1967); Flowers v. Haskins, 25 Ohio St.2d 186, 267 N.E.2d 430 (1971); Stover v. Page, 450 P.2d 511 (Okl.Ct.Crim.App.1969); McCall v. State, 247 S.C. 15, 145 N.E.2d 419 (1965); Pulley v. Hunt, 44......
  • State v. Thomas
    • United States
    • Ohio Supreme Court
    • February 20, 1980
    ...in that case was lawfully incarcerated on charges unrelated to the asserted issue of collateral estoppel. See Flowers v. Haskins (1971) 25 Ohio St.2d 186, 267 N.E.2d 430, certiorari denied, 403 U.S. 908, 91 S.Ct. 2216, 29 L.Ed.2d 685; Ball v. Maxwell (1965), 1 Ohio St.2d 77, 204 N.E.2d 62; ......
  • Conkle v. Conkle
    • United States
    • Ohio Court of Appeals
    • March 10, 1972
  • Swiger v. Seidner, 95-1987
    • United States
    • Ohio Supreme Court
    • March 1, 1996
    ...to sentence him on one of the crimes does not warrant his release in habeas corpus. Flowers v. Haskins (1971), 25 Ohio St.2d 186, 186-187, 54 O.O.2d 296, 297, 267 N.E.2d 430, 430-431. The trial court possessed jurisdiction to try, convict, and sentence Swiger on the kidnapping charge. That ......
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