State ex rel. Jackson v. Brigano - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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[Cite as State ex rel. Jackson v. Brigano, 88 Ohio St.3d 180, 2000-Ohio-292.]

THE STATE EX REL. JACKSON, APPELLANT, v. BRIGANO, WARDEN, APPELLEE.
[Cite as State ex rel. Jackson v. Brigano (2000), 88 Ohio St.3d 180.]
Habeas corpus to compel relator's release from prison -- Dismissal of petition
affirmed.
(No. 99-2001 -- Submitted February 9, 2000 -- Decided March 8, 2000.)
APPEAL from the Court of Appeals for Warren County, No. CA99-08-090.

In March 1996, appellant, Mark A. Jackson, was indicted on four counts of
felonious assault. In February 1997, the Hamilton County Court of Common Pleas
convicted Jackson of two counts of felonious assault and accompanying
specifications and sentenced him to a prison term of eight to fifteen years. On
appeal, the court of appeals affirmed the judgment. State v. Jackson (July 22 and
Sept. 24, 1998), Hamilton App. No. C-970201, unreported.

In August 1999, Jackson filed a petition in the Court of Appeals for Warren
County for a writ of habeas corpus to compel appellee, Warden Anthony J.
Brigano, to immediately release him from prison. Jackson claimed that he was
entitled to the writ because no criminal complaint had ever been filed against him
charging him with the crimes of which he was ultimately convicted and he had
been illegally arrested. Brigano filed a motion to dismiss, and in October 1999, the
court of appeals granted Brigano's motion and dismissed the petition.

This cause is now before the court upon an appeal as of right.
__________________

Mark A. Jackson, pro se.

Betty D. Montgomery, Attorney General, and Mark J. Zemba, Assistant
Attorney General, for appellee.
__________________

Per Curiam. Jackson asserts that the court of appeals erred in dismissing his
habeas corpus petition. The court of appeals properly dismissed the petition
because Jackson failed to state a claim upon which extraordinary relief in habeas
corpus can be granted.

Any alleged error caused by the failure to file a criminal complaint is not
cognizable in habeas corpus because Jackson was convicted and sentenced upon an
indictment. State ex rel. Dozier v. Mack (1999), 85 Ohio St.3d 368, 369, 708
N.E.2d 712, 713; Thornton v. Russell (1998), 82 Ohio St.3d 93, 94, 694 N.E.2d
464, 465.

In addition, "it is now well established that even if an arrest is illegal it does
not affect the validity of subsequent proceedings based on a valid indictment nor
furnish [a] ground for release by habeas corpus after conviction." Krauter v.
Maxwell (1965), 3 Ohio St.2d 142, 144, 32 O.O.2d 141, 142, 209 N.E.2d 571, 573;

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State v. Fairbanks (1972), 32 Ohio St.2d 34, 41, 61 O.O.2d 241, 246, 289 N.E.2d
352, 357.

Based on the foregoing, we affirm the judgment of the court of appeals.
Judgment affirmed.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
LUNDBERG STRATTON, JJ., concur.

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