William Olney v. The State of Ohio, 341 F.2d 913 (6th Cir. 1965). · Go Syfert
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William Olney v. The State of Ohio, 341 F.2d 913 (6th Cir. 1965). Cases Citing This Book View Copy Cite
14 citation events (4 in the last 25 years) across 10 distinct courts.
Strongest positive: Clausell v. Turner, 295 F. Supp. 533 (S.D.N.Y. 1969)
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William OLNEY, Petitioner-Appellant,
v.
the STATE OF OHIO, Respondent-Appellee
16019_1.
Court of Appeals for the Sixth Circuit.
Mar 3, 1965.
Published opinion
341 F.2d 913
1965 U.S. App. LEXIS 6360
William Olney, in pro. per., William B. Saxbe, Atty. Gen. of Ohio, Columbus, Ohio, for appellee.
Weick, Miller, Edwards.
Cited by 10 opinions  |  Published
PER CURIAM.

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.