BELL, APPELLANT, v. MCCONAHAY, WARDEN, APPELLEE.
No. 2022-0418
SUPREME COURT OF OHIO
Submitted January 10, 2023—Decided March 9, 2023.
Slip Opinion No. 2023-Ohio-693
APPEAL
[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Bell v. McConahay, Slip Opinion No. 2023-Ohio-693.]
NOTICE
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SLIP OPINION NO. 2023-OHIO-693
[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Bell v. McConahay, Slip Opinion No. 2023-Ohio-693.]
Habeas corpus—Petitioner had adequate remedy in the ordinary course of law—Motion to dismiss under Civ.R. 12(B)(6) was properly granted—Court of appеals’ judgment dismissing petition affirmed.
Per Curiam.
{¶ 1} Appellant, Michael D. Bell, appeals the Fifth District Court of Appeals’ dismissal of his petition seеking a writ of habeas corpus against appellee, Tim McConahay, warden of the Mansfield Correctional Institution (“MCI“). Bell has аlso filed a motion to reverse and vacate the judgment against him based on McConahay‘s alleged failure to timely file a merit brief in this appeal. For the reasons that follow, we deny Bell‘s motion and affirm the judgment of the court of appeals.
{¶ 2} Bell is аn inmate at MCI. In 2012, a Hamilton County grand jury indicted him for murder, with a firearm specification, and for having weapons while under disability. In October 2013, Bell pleaded guilty to reduced charges of voluntary manslaughter, with a firearm specification, and to having weapons while undеr disability. The trial court sentenced Bell to 11 years in prison for voluntary manslaughter, 3 years for the firearm specification, and 3 years for having weapons while under disability. The trial court ordered those sentences to be served consecutively, for an аggregate sentence of 17 years. Bell did not file a direct appeal.
{¶ 3} On January 14, 2022, Bell filed a petition for a writ of habeаs corpus in the Fifth District Court of Appeals. He presented several arguments to support his claim for relief.
{¶ 4} McConahay filed a motion to dismiss under
{¶ 5} Bell appeals to this court as of right.
BELL‘S MOTION TO REVERSE AND VACATE
{¶ 6} Bell filed a motion to reverse and vacate the judgment and conviction against him based on MсConahay‘s alleged failure to timely file a brief in this appeal. We deny that motion because McConahay timely filed his merit briеf on July 11, 2022.
ANALYSIS
{¶ 7} This court reviews de novo a court of appeals’
{¶ 8} Generally, a writ of habeas corpus is available only when a petitioner‘s maximum sentencе has expired and he is being held unlawfully, Leyman v. Bradshaw, 146 Ohio St.3d 522, 2016-Ohio-1093, 59 N.E.3d 1236, 8, or when the sentencing court patently and unambiguously lacked subject-matter jurisdiction, see Stever v. Wainwright, 160 Ohio St.3d 139, 2020-Ohio-1452, 154 N.E.3d 55, 8. The writ is not available when the petitioner has an adequate remedy in the ordinary course of law unless the trial court‘s judgment is void fоr lack of jurisdiction. State ex rel. Davis v. Turner, 164 Ohio St.3d 395, 2021-Ohio-1771, 172 N.E.3d 1026, 8.
{¶ 9} Bell does not assert that his maximum sentence has expired or that the trial court lacked jurisdiction. Instead, his arguments can be summarized as follows: (1) he was not permitted to attend all proceedings in his criminal case in violation of
{¶ 10} Bell raises nonjurisdictional issues that could have rendered his sentence voidable if they had been properly raised on appeal. Bell had adequate remedies at law to challenge the trial court‘s alleged failure to conduct a proper
{¶ 11} Similarly, Bell‘s claims that the trial court violated
{¶ 12} Bell‘s claim that he was denied his constitutional rights to due process and effective assistance of counsel are likewise unavailing in this habeas action. See Jackson v. Johnson, 135 Ohio St.3d 364, 2013-Ohio-999, 986 N.E.2d 989, ¶ 3 (alleged due-process violation not cognizable in habeas corpus); Bozsik v. Hudson, 110 Ohio St.3d 245, 2006-Ohio-4356, 852 N.E.2d 1200, ¶ 7 (claim of ineffective assistance of counsel not cognizable in hаbeas corpus).
{¶ 13} Bell maintains that he has no adequate remedy at law because no attorney would represent him or file an appeal on his behalf and his pro se filings have been unsuccessful. The fact that a remedy may no longer be availаble to Bell, however, does not render it inadequate or entitle Bell to the extraordinary writ of habeas corpus. See Jackson v. Wilson, 100 Ohio St.3d 315, 2003-Ohio-6112, 798 N.E.2d 1086, ¶ 9 (“еven if these other remedies are no longer available to [the habeas petitioner], he is not thereby entitled to an extraordinary writ“); State ex rel. Gaydosh v. Twinsburg, 93 Ohio St.3d 576, 579, 757 N.E.2d 357 (2001) (a petitioner‘s “failure to timely pursue [remedies] does not render them inadequate“).
CONCLUSION
{¶ 14} Because Bell cannot establish that he is entitled to habeas relief under any of these theories, the court of appeals properly dismissed his petition. Accordingly, we deny Bell‘s motion and affirm the judgment of the Fifth District Court of Appeals.
Judgment affirmed.
KENNEDY, C.J., and FISCHER, DEWINE, DONNELLY, STEWART, BRUNNER, and DETERS, JJ., concur.
Michael Bell, pro se.
Dave Yost, Attorney General, and Stephanie L. Watson, Assistant Attorney General, for appellee.