600 N.E.2d 284 | Ohio Ct. App. | 1991
Sua sponte, the court dismisses the above-captioned habeas corpus action for failure to state a claim for the following reasons. Petitioner Orlando Collins asserts that he was denied his right to counsel, because his trial attorney, Lloyd O. Brown, Jr., has recently had his license to practice law rescinded. See In re July 1986 Ohio Bar Examination Applicant No.125, Lloyd Odom Brown, Jr. (1991),
This argument is not persuasive. At the time of the trial, Brown was duly licensed to practice law in the state of Ohio and did represent Collins. The subsequent revocation of the license does not render all of Brown's acts null and void ab initio. Cf.Frank v. Moore (1963),
R.C.
Moreover, habeas corpus will not lie if an adequate remedy at law is available. R.C.
Additionally, petitioner's claim of ineffective assistance of counsel was raised and rejected by this court in his direct appeal from the underlying conviction. See State v. Collins (May 10, 1990), Cuyahoga App. No. 56747, unreported, at 8-9, 1990 WL 61735. Having been considered and rejected, the claim is barred by the doctrine of res judicata.
Petition dismissed. Petitioner to pay costs.
Petition dismissed.
DYKE and FRANCIS E. SWEENEY, JJ., concur.