Billiter v. Banks
135 Ohio St. 3d 426
| Ohio | 2013Background
- Billiter was indicted in 1999 on multiple counts related to raping his daughter and videotaping the crime.
- Plea agreement reduced counts; Billiter pled guilty to amended counts and received a 31-year sentence with no parole.
- As part of the plea, Billiter waived the right to appeal the sentences and their consecutive nature.
- In 2006, Billiter filed a habeas petition in the Fifth District which was dismissed for lack of jurisdiction, adequate remedy, and other grounds.
- In 2012, Billiter filed a habeas petition in the Seventh District, which was dismissed for an adequate remedy in the ordinary course and res judicata.
- The Supreme Court affirmed the Seventh District, holding habeas relief unavailable where an adequate remedy exists, and that res judicata did not bar the petition because the prior dismissal was jurisdictional.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether habeas relief was appropriate given an adequate remedy. | Billiter | Banks | No; adequate remedy existed. |
| Whether res judicata barred the petition. | Billiter | Banks | No; prior dismissal lacked jurisdiction thus not res judicata. |
| Whether waiver of appeal affects availability of habeas relief. | Billiter | Banks | No; waiver does not defeat adequate-remedy principle. |
| Whether the alleged sentencing errors were jurisdictional defects. | Billiter | Banks | No; not jurisdictional and not a basis for habeas relief. |
Key Cases Cited
- State ex rel. Goeller, 103 Ohio St.3d 427 (Ohio 2004) (habeas relief limited where adequate remedy exists)
- State ex rel. Fortson v. Kelly, 102 Ohio St.3d 77 (Ohio 2004) (adequate-remedy principle for extraordinary writs)
- State v. Massie, 77 Ohio St.3d 449 (Ohio 1997) (non-jurisdictional sentencing errors not habeas grounds)
- State ex rel. Jackson v. Wilson, 100 Ohio St.3d 315 (Ohio 2003) (binding effect of waiver on extraordinary writs)
- State ex rel. Cordray v. Marshall, 123 Ohio St.3d 229 (Ohio 2009) (jurisdictional considerations and res judicata limitations)
- State ex rel. Rose v. Ohio Dept. of Rehab. & Corr., 91 Ohio St.3d 453 (Ohio 2001) (presumption of no prejudice where dismissal on jurisdictional grounds)
- Arcadia Acres v. Ohio Dept. of Job & Family Servs., 123 Ohio St.3d 54 (Ohio 2009) (dismissals on jurisdictional grounds and res judicata considerations)
- Smith v. Voorhies, 119 Ohio St.3d 345 (Ohio 2008) (limits of habeas relief and jurisdictional issues)
- Smith v. Bradshaw, 109 Ohio St.3d 50 (Ohio 2006) (narrow exception for lack of jurisdiction in habeas cases)