Case Information
*1 [Cite as McClellan v. Mack, 129 Ohio St.3d 504, 2011-Ohio-4216.]
M C C LELLAN , A PPELLANT , v. M ACK , W ARDEN , A PPELLEE . [Cite as McClellan v. Mack, 129 Ohio St.3d 504, 2011-Ohio-4216.] Habeas corpus — Res judicata does not deprive a court of jurisdiction and hence
is not a basis for extraordinary relief — Dismissal of petition affirmed. (No. 2011-0546 — Submitted August 8, 2011 — Decided September 1, 2011.)
A PPEAL from the Court of Appeals for Montgomery County, No. 24326.
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Per Curiam.
{¶ 1} We affirm the judgment dismissing the petition of appellant, James McClellan, for a writ of habeas corpus to compel his immediate release from prison.
{¶ 2} McClellan’s claim that res judicata barred the relitigation of the propriety of a traffic stop that led to a search of his vehicle and the seizure of evidence used by the state to prosecute him is not cognizable in habeas corpus. “[R]es judicata is not an appropriate basis for extraordinary relief, because ‘res judicata does not divest a trial court of jurisdiction to decide its applicability, and the denial of this defense by the trial court can be adequately challenged by post- judgment appeal.’ ” Smith v. Voorhies , 119 Ohio St.3d 345, 2008-Ohio-4479, 894 N.E.2d 44, ¶ 9, quoting State ex rel. Nationwide Mut. Ins. Co. v. Henson , 96 Ohio St.3d 33, 2002-Ohio-2851, 770 N.E.2d 580, ¶ 11.
{¶ 3} Moreover, McClellan could have raised this claim in his direct appeal. He did not. State v. McClellan , Allen App. No. 1-09-21, 2010-Ohio-314. Thus, res judicata bars raising it here. Smith at ¶ 11. And the mere fact that he has already unsuccessfully invoked his appellate remedy does not thereby entitle him to the requested extraordinary relief in habeas corpus. Everett v. Eberlin , 114 Ohio St.3d 199, 2007-Ohio-3832, 870 N.E.2d 1190, ¶ 6.
S UPREME C OURT OF O HIO {¶ 4} Therefore, the court of appeals correctly dismissed McClellan’s petition for a writ of habeas corpus, and we affirm that judgment.
Judgment affirmed. O’C ONNOR , C.J., and P FEIFER , L UNDBERG S TRATTON , O’D ONNELL , L ANZINGER , C UPP , and M C G EE B ROWN , JJ., concur.
__________________ James McClellan, pro se.
Michael DeWine, Attorney General, and Gene D. Park, Assistant Attorney General, for appellee.
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