2013 Ohio 3541
Ohio Ct. App.2013Background
- Steele, petitioner, filed a habeas corpus petition in the Ross County Common Pleas Court after being convicted in Hamilton County in 2002 for kidnapping and rape, with aggregate sentence 23 to 50 years, and firearm specs running concurrent.
- The Hamilton County judgment did not merge the two convictions for allied offenses; Steele contends sentencing errors violated R.C. 2941.25 and double jeopardy.
- Steele challenged the 2002 conviction on the basis that sentencing errors should have been raised on direct appeal; he sought habeas relief instead.
- The Ross County court dismissed the habeas petition, concluding Steele had an adequate remedy at law and was not held unlawfully beyond his sentence.
- Steele previously sought relief via a 2011 motion to vacate in Hamilton County, which denied relief, and a delayed appeal petition that was denied by the First District.
- The Supreme Court of Ohio sua sponte dismissed Steele’s 2012 petition to the Supreme Court of Ohio; Steele then filed the current habeas petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether habeas relief is appropriate where an adequate legal remedy exists | Steele argues the judgment is void and habeas relief is available. | Robinson argues direct appeal provides an adequate remedy, barring habeas relief. | Habeas denied; adequate remedy at law bars relief. |
Key Cases Cited
- Arnett v. Sheets, 2010-Ohio-3985 (4th Dist. Ross No. 10CA3156) (habeas corpus available only where no adequate remedy at law)
- State ex rel. Nelson v. Griffin, 814 N.E.2d 866 (Ohio) (adequate remedy at law generally bars habeas relief)
- State ex rel. Akbar-El v. Cuyahoga Cty. Court of Common Pleas, 761 N.E.2d 624 (2002) (establishes traditional habeas standards and adequacy limitation)
- State ex rel. Key v. Spicer, 746 N.E.2d 1119 (2001) (adequate-remedy concept for extraordinary writs)
- Billiter v. Banks, 988 N.E.2d 556 (2013-Ohio-1719) (narrow exception to adequate-remedy element does not render sentencing errors cognizable in habeas)
- Jackson v. Wilson, 798 N.E.2d 1086 (2003-Ohio-6112) (direct-appeal alternatives may not be available yet do not render them inadequate)
- State ex rel. Gaydosh v. Twinsburg, 757 N.E.2d 357 (2001) (alternative remedies' availability does not create prejudice for habeas)
- Massie v. Rogers, 674 N.E.2d 1383 (1997) (sentencing claims are non-jurisdictional and not cognizable in habeas)
- Smith v. Voorhies, 2008-Ohio-4479 (2008) (allied-offense claims are non-jurisdictional)
- Mosley v. Echols, 578 N.E.2d 454 (1991) (allied-offense and sentencing issues do not warrant habeas relief)