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cited 4× by 4 distinct cases, last quoted 2011 ·
…had an adequate remedy by way of direct appeal from his sentence to raise his claim that he did not receive proper notification about postrelease control at his sentencing hearing.
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Top citers, strongest first. 2 distinct citers.
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discussed
Cited as authority (rule)
Lorain Cty. Bar Assn. v. Johnson (Slip Opinion)
Disciplinary Counsel v. Kelly, 121 Ohio St.3d 39 , 2009-Ohio-317 , 901 N.E.2d 798, ¶ 11 (explaining that although it defers to the expertise of the board and the panel and their first-hand observation of witness testimony, the court remains free to exercise its independent judgment as to the evidentiary weight and applicable law). 6 January Term, 2017 {¶ 20} Having reviewed the record, we now find that the LCBA has failed to meet its burden of proving, by clear and convincing evidence, the facts necessary to establish a violation of Prof.Cond.R. 8.4(c).
discussed
Cited "see"
Disciplinary Counsel v. Carr
See Disciplinary Counsel v. Kelly, 121 Ohio St.3d 39 , 2009-Ohio-317 , 901 N.E.2d 798, ¶ 1 (indefinitely suspending magistrate who embezzled funds from a county agency); Disciplinary Counsel v. McAuliffe, 121 Ohio St.3d 315 , 2009-Ohio-1151 , 903 N.E.2d 1209, ¶ 1-2, 30 (indefinitely suspending judge convicted of arson, fraud, and conspiracy); Ohio State Bar Assn. v. McCafferty, 140 Ohio St.3d 229 , 2014-Ohio-3075 , 17 N.E.3d 521, ¶ 2, 26 (indefinitely suspending judge convicted of multiple counts of lying to the FBI during corruption investigation); Ohio State Bar Assn. v. Mason, 152 Ohio S…
Retrieving the full opinion text from the archive…
Briseno
v.
Cook, Warden
v.
Cook, Warden
No. 2008-1733.
Ohio Supreme Court.
Feb 3, 2009.
Kenneth J. Rexford & Co., L.L.C., and Kenneth J. Rexford, for appellant., Richard Cordray, Attorney General, and M. Scott Criss, Assistant Attorney General, for appellee.
Connor, Cupp, Donnell, Lanzinger, Moyer, Pfeifer, Stratton.
Cited by 7 opinions | Published
Per Curiam.
{¶ 1} We affirm the judgment of the court of appeals dismissing the habeas corpus petition of appellant, Antonio Briseno. Appellant had an adequate remedy by way of direct appeal from his sentence to raise his claim that he did not receive proper notification about postrelease control at his sentencing hearing. Patterson v. Ohio Adult Parole Auth., 120 Ohio St.3d 311, 2008-Ohio-6147, 898 N.E.2d 950, ¶ 8; Watkins v. Collins, 111 Ohio St.3d 425, 2006-Ohio-5082, 857 N.E.2d 78, ¶ 45 and 53.
Judgment affirmed.
Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.