Smith v. Mitchell, 687 N.E.2d 749 (Ohio 1998). · Go Syfert
Smith v. Mitchell, 687 N.E.2d 749 (Ohio 1998). Cases Citing This Book View Copy Cite
26 citation events (17 in the last 25 years) across 2 distinct courts.
Strongest positive: Brooks v. Gaul (ohio, 2000-06-21)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Brooks v. Gaul
Ohio · 2000 · confidence medium
Poore v. Mayer (1964), 176 Ohio St. 78 , 79, 26 O.O.2d 375 , 376, 197 N.E.2d 557 , 558 (prohibition unavailable to challenge erroneous ruling on the admissibility of evidence); Smith v. Mitchell (1998), 80 Ohio St.3d 624, 625 , 687 N.E.2d 749, 750 (claims of erroneous jury instructions and verdict forms should have been raised on direct appeal rather than in action for habeas corpus).
discussed Cited as authority (rule) Brooks v. Gaul
Ohio · 2000 · confidence medium
Poore v. Mayer (1964), 176 Ohio St. 78 , 79, 26 O.O.2d 375 , 376, 197 N.E.2d 557 , 558 (prohibition unavailable to challenge erroneous ruling on the admissibility of evidence); Smith v. Mitchell (1998), 80 Ohio St.3d 624, 625 , 687 N.E.2d 749, 750 (claims of erroneous jury instructions and verdict forms should have been raised on direct appeal rather than in action for habeas corpus). {¶ 7} In addition, as the court of appeals noted, the partial transcript attached to Brooks’s complaint established that the 911 tape was admitted into evidence, so that Judge Gaul did not err in permitting th…
discussed Cited "see" Cammon v. Brigano (2×)
Ohio · 2004 · signal: see · confidence high
See Smith v. Mitchell (1998), 80 Ohio St.3d 624, 625 , 687 N.E.2d 749 (jury instructions and verdict forms); In re Coleman, 95 Ohio St.3d 284 , 2002-Ohio-1804 , 767 N.E.2d 677, ¶ 3-4 (discrimination in jury selection); Davie v. Edwards (1997), 80 Ohio St.3d 170, 170-171 , 685 N.E.2d 228 (admissibility of evidence); Thomas v. Huffman (1998), 84 Ohio St.3d 266, 267 , 703 N.E.2d 315 (double jeopardy); Howard v. Randle, 95 Ohio St.3d 281 , 2002-Ohio-2122 , 767 N.E.2d 268, ¶ 6 (sentencing errors).
Retrieving the full opinion text from the archive…
Smith
v.
Mitchell, Warden
No. 97-1292.
Ohio Supreme Court.
Jan 7, 1998.
687 N.E.2d 749
Climie Lee Smith, pro se. , Betty D. Montgomery, Attorney General, and Donald Gary Keyser, Assistant Attorney General, for appellee.
Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney.
Cited by 13 opinions  |  Published
Per Curiam.

Smith asserts that the court of appeals erred by dismissing his petition. Smith’s assertion, however, is meritless for the following reasons.

First, Smith’s claims of erroneous jury instructions and verdict forms could have been raised in his direct appeal from his criminal convictions and sentences; habeas corpus is not available to raise these claims. Smith v. Seidner (1997), 78 Ohio St.3d 172, 173, 677 N.E.2d 336, 336-337. Second, Smith’s claim that his trial court erred by failing to appoint appellate counsel for him did not prejudice him because he had counsel for his direct appeal. State v. Smith. Any possible contention by Smith of ineffective assistance of his retained appellate counsel is also not cognizable in habeas corpus. Haynes v. Humphreys (1992), 64 Ohio St.3d 206, 207, 594 N.E.2d 586, 587. Finally, Smith did not attach copies of all his pertinent commitment papers to his petition. R.C. 2725.04(D); McBroom v. Russell (1996), 77 Ohio St.3d 47, 48, 671 N.E.2d 10, 11. While the attachments to his petition refer to a Geauga County burglary sentence, that sentence is not attached. Without a copy of that sentence, the court of appeals could not determine whether Smith was entitled to release from prison even if his Portage County convictions were void. See Marshall v. Lazaroff (1997), 77 Ohio St.3d 443, 444, 674 N.E.2d 1378, 1379, quoting Suriger v. Seidner (1996), 74 Ohio St.3d 685, 687, 660 N.E.2d 1214, 1216 (“ Where a petitioner is incarcerated for several crimes, the fact that the sentencing court may have lacked jurisdiction to sentence him on one of the crimes does not warrant his release in habeas corpus.’ ”).

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.