Turner v. Ishee - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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[Cite as Turner v. Ishee, 98 Ohio St.3d 411, 2003-Ohio-1671.]

TURNER, APPELLANT, v. ISHEE, WARDEN, APPELLEE.
[Cite as Turner v. Ishee, 98 Ohio St.3d 411, 2003-Ohio-1671.]
Habeas corpus to compel relator's release from prison -- Dismissal of petition
affirmed.
(No. 2002-1834 -- Submitted March 12, 2003 -- Decided April 16, 2003.)
APPEAL from the Court of Appeals for Mahoning County, No. 02-CA-78.
__________________

Per Curiam.
{¶1} Between May 1970 and March 1984, the Cuyahoga County Court
of Common Pleas convicted appellant, Donald Turner, of various offenses,
including aggravated burglary, aggravated assault, robbery, and theft, and
sentenced him to prison.
{¶2} In 1997, Turner filed a petition for a writ of habeas corpus in the
Noble County Court of Common Pleas. The common pleas court dismissed the
petition.
{¶3} In April 2002, Turner filed a petition for a writ of habeas corpus in
the Court of Appeals for Mahoning County. Turner claimed that his convictions
were void for various reasons, including that the indictments and informations
upon which the convictions were based were invalid. In May 2002, appellee,
Warden Todd Ishee, filed a motion to dismiss.
{¶4} In September 2002, the court of appeals granted Ishee's motion
and dismissed Turner's petition.
{¶5} We affirm the judgment of the court of appeals.
{¶6} Turner was not entitled to a writ of habeas corpus because he was
barred by res judicata from filing a successive habeas corpus petition when he
could have raised the same claims in his previous habeas corpus petition. State ex

SUPREME COURT OF OHIO
rel. Johnson v. Ohio Dept. of Rehab. & Corr. (2002), 95 Ohio St.3d 70, 71, 765
N.E.2d 356; State ex rel. Childs v. Lazaroff (2001), 90 Ohio St.3d 519, 520-521,
739 N.E.2d 802. In fact, he expressly raised some of his claims in other
proceedings. See, e.g., State v. Turner (Mar. 24, 1994), Cuyahoga App. No.
64992, 1994 WL 97701.
{¶7} Moreover, habeas corpus is not available to test the validity or
sufficiency of an indictment or other charging instrument. State ex rel. Bragg v.
Seidner (2001), 92 Ohio St.3d 87, 88, 748 N.E.2d 532; Orr v. Mack (1998), 83
Ohio St.3d 429, 430, 700 N.E.2d 590. The trial court in each instance had the
requisite jurisdiction to try, convict, and sentence him on the charged offenses.
Harris v. Bagley, 97 Ohio St.3d 98, 2002-Ohio-5369, 776 N.E.2d 490, ¶ 3.
{¶8} Thus, we affirm the judgment of the court of appeals.1
Judgment affirmed.

MOYER, C.J., RESNICK, F.E. SWEENEY, PFEIFER, COOK, LUNDBERG
STRATTON and O'CONNOR, JJ., concur.
__________________

Donald Turner, pro se.

Jim Petro, Attorney General, and Thelma Thomas Price, Assistant
Attorney General, for respondent.
__________________

1 We deny appellant's motion for an order to strike appellee's brief from the record.
2