State ex rel. Raglin v. Brigano, 97-2464
| Decision Date | 29 July 1998 |
| Docket Number | No. 97-2464,97-2464 |
| Citation | 696 N.E.2d 585,82 Ohio St.3d 410 |
| Parties | The STATE ex rel. RAGLIN, Appellant, v. BRIGANO, Warden, Appellee. |
| Court | Ohio Supreme Court |
Donnell Raglin, pro se.
Betty D. Montgomery, Attorney General, and Karen L. Killian, Assistant Attorney General, for appellee.
We affirm the judgment of the court of appeals for the reasons stated in its opinion. Raglin's claim challenges the validity or sufficiency of his indictment, is nonjurisdictional in nature, and should have been raised in an appeal of his criminal conviction rather than in habeas corpus. See State ex rel. Richard v. Seidner (1996), 76 Ohio St.3d 149, 151, 666 N.E.2d 1134, 1136 ().
Judgment affirmed.
To continue reading
Request your trial
19 cases
-
State v. Lambert
...see also State ex rel. Rackley v. Sloan, 150 Ohio St.3d 11, 2016-Ohio-3416, 78 N.E.3d 819, ¶ 9, quoting State ex rel. Raglin v. Brigano, 82 Ohio St.3d 410, 696 N.E.2d 585 (1998) (noting that "the validity or sufficiency of an indictment" is " ‘nonjurisdictional in nature, and should [be] ra......
-
Gibson v. Wilson, 2009 Ohio 829 (Ohio App. 2/20/2009)
...of an indictment must be raised in a direct appeal and cannot be heard in a habeas corpus action. State ex rel. Raglin v. Brigano, 82 Ohio St.3d 410, 696 N.E.2d 585, 1998-Ohio-222; Thornton v. Russell, 82 Ohio St.3d 93, 694 N.E.2d 464, 1998-Ohio-268; Douglas v. Money, 85 Ohio St.3d 348, 708......
-
State ex rel. Rackley v. Sloan, 2015–1364.
...in nature, and should [be] raised in an appeal of [a] criminal conviction rather than in habeas corpus." State ex rel. Raglin v. Brigano, 82 Ohio St.3d 410, 696 N.E.2d 585 (1998). The initial indictment charged Rackley with aggravated murder, and he entered a guilty plea to a reduced charge......
-
State v. Pondexter
...criminal conviction. State ex rel. Rackley v. Sloan, 150 Ohio St.3d 11, 2016-Ohio-3416, 78 N.E.3d 819, ¶ 9, quoting State ex rel. Raglin v. Brigano, 82 Ohio St.3d 410, 1998-Ohio-222, 696 N.E.2d 585. Any decision deeming the amended indictment to be invalid renders the conviction voidable, n......
Request a trial to view additional results