State ex rel. Massie v. Rogers
| Decision Date | 19 February 1997 |
| Docket Number | No. 96-2186,96-2186 |
| Citation | 77 Ohio St.3d 449,674 N.E.2d 1383 |
| Parties | The STATE ex rel. MASSIE, Appellant, v. ROGERS, Warden, Appellee. |
| Court | Ohio Supreme Court |
In 1993, the Lawrence County Court of Common Pleas convicted appellant, Barbara Lynn Massie, of sexual battery and sentenced her to an indeterminate term of three-to-ten years in prison. In 1996, Massie filed a petition for a writ of habeas corpus in the Court of Appeals for Union County. Massie claimed that she was entitled to immediate release from prison because the trial court improperly sentenced her. The court of appeals granted the Civ.R. 12(B)(6) motion of appellee, Shirley Rogers, Warden of the Ohio Reformatory for Women, and dismissed Massie's petition.
The cause is now before this court upon an appeal as of right.
Barbara Lynn Massie, pro se.
Betty D. Montgomery, Attorney General, and Lillian B. Earl, Assistant Attorney General, for appellee.
Massie contends that the judgment of the court of appeals should be dismissed because the trial court lacked jurisdiction to enter an indeterminate sentence on her conviction for sexual battery. But sentencing errors are not jurisdictional and are not cognizable in habeas corpus. Majoros v. Collins (1992), 64 Ohio St.3d 442, 443, 596 N.E.2d 1038, 1039.
In addition, although habeas corpus relief may be granted for nonjurisdictional claims, the petitioner must have no adequate remedy at law. State ex rel. Pirman v. Money (1994), 69 Ohio St.3d 591, 593, 635 N.E.2d 26, 29. Appeal or postconviction relief are remedies at law to review claimed sentencing errors. Blackburn v. Jago (1988), 39 Ohio St.3d 139, 139-140, 529 N.E.2d 929, 930. Since Massie possessed adequate legal remedies by an appeal or postconviction relief to raise the alleged sentencing error, the court of appeals properly dismissed the petition. Thomas v. Collins (1996), 74 Ohio St.3d 413, 413-414, 659 N.E.2d 790, 790-791.
Based on the foregoing, we affirm the judgment of the court of appeals.
Judgment affirmed.
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State v. Simpkins
...hold that sentencing errors are not jurisdictional and do not necessarily render a judgment void, see State ex rel. Massie v. Rogers (1997), 77 Ohio St.3d 449, 450, 674 N.E.2d 1383; Johnson v. Sacks (1962), 173 Ohio St. 452, 454, 20 O.O.2d 76, 184 N.E.2d 96 ("The imposition of an erroneous ......
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The State Of Ohio v. Fischer, 2009-0897
...that in the normal course, sentencing errors are not jurisdictional and do not render a judgment void. State ex rel. Massie v. Rogers (1997), 77 Ohio St.3d 449, 449-450, 674 N.E.2d 1383; Majoros v. Collins (1992), 64 Ohio St.3d 442, 443, 596 N.E.2d 1038. Rather, void sentences are typically......
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State v. Fischer
...that in the normal course, sentencing errors are not jurisdictional and do not render a judgment void. State ex rel. Massie v. Rogers (1997), 77 Ohio St.3d 449, 449–450, 674 N.E.2d 1383; Majoros v. Collins (1992), 64 Ohio St.3d 442, 443, 596 N.E.2d 1038. Rather, void sentences are typically......
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Kirchoff v. Robinson
...the normal course, sentencing errors are not jurisdictional and do not render a judgment void. State ex rel. Massie v. Rogers (1997), 77 Ohio St.3d 449, 449-450, 1997 Ohio 258, 674 N.E.2d 1383; Majoros v. Collins (1992), 64 Ohio St.3d 442, 443, 596 N.E.2d 1038. Rather, void sentences are ty......