Olney v. State of Ohio, 16019.
| Decision Date | 03 March 1965 |
| Docket Number | No. 16019.,16019. |
| Citation | 341 F.2d 913 |
| Parties | William OLNEY, Petitioner-Appellant, v. The STATE OF OHIO, Respondent-Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
William Olney, in pro. per.
William B. Saxbe, Atty. Gen. of Ohio, Columbus, Ohio, for appellee.
Before WEICK, Chief Judge, and MILLER and EDWARDS, Circuit Judges.
This is an appeal from an order of the District Court dismissing Appellant's petition for a declaratory judgment because of lack of jurisdiction. The appeal was ordered submitted on briefs without oral argument.
In his petition Appellant sought a determination by the District Court of the validity of the sentence which he received in the state court upon his conviction of the offense of murder in the second degree. Appellant does not question the validity of his conviction, only of the sentence. In our judgment, in order to correct an alleged incorrect sentence Appellant's remedy is in the court in which he was convicted. No constitutional question is involved.
The District Court lacked jurisdiction to consider the petition for declaratory judgment. Forsythe v. State of Ohio, 333 F.2d 678 (C.A.6, 1964).
Affirmed.
To continue reading
Request your trial
-
Clausell v. Turner
...Cir. 1964). See also Ruip v. Kentucky, 400 F.2d 871 (6th Cir. 1968); Scruggs v. Henderson, 380 F.2d 981 (6th Cir. 1967); Olney v. Ohio, 341 F.2d 913 (6th Cir. 1965). Katzenbach v. McClung, supra, must be read as rejecting the broad scope of jurisdiction under the Declaratory Judgment Act th......
-
Hill v. State of Tennessee, CIV-2-78-23.
...v. State of Kentucky, C.A. 6th (1968), 400 F.2d 871, 8721; Scruggs v. Henderson, C.A. 6th (1967), 380 F.2d 981, 9821; Olney v. State of Ohio, C.A. 6th (1965), 341 F.2d 913; Forsythe v. State of Ohio, C.A. 6th (1964), 333 F.2d 678, 6792. Mr. Hill's exclusive federal remedy, if any, is by hab......
-
Ruip v. Commonwealth of Kentucky
...or other procedures enjoying currency among the many now seeking release from prison." This position was reiterated in Olney v. State of Ohio, 341 F.2d 913 (6th Cir. 1965) and Scruggs v. Henderson, 380 F. 2d 981 (6th Even if appellant had petitioned for more proper relief, such as habeas co......
-
United States ex rel. Bennett v. People of the State of Illinois
...in the district court where the alleged unlawful detention occurs. Clark v. Memolo, 85 U.S.App.D.C. 65, 174 F.2d 978. Olney v. State of Ohio, 6 Cir., 341 F.2d 913 and Christopher v. State of Iowa, 8 Cir., 324 F.2d 180, are in The order of the District Court sustaining defendant's motion to ......