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VanBuskirk v. Wingard
80 Ohio St. 3d 659
Ohio
1998
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Per Curiam.

We affirm the judgments of the court of appeals dismissing appellants’ petitions. Appellants’ claims merely attacked the validity and sufficiency of their indictments. Consequently, their claims should have been raised by direct appeal rather than habeas corpus. State ex rel. Beaucamp v. Lazaroff (1997), 77 Ohio St.3d 237, 238, 673 N.E.2d 1273, 1274. Further, contrary to appellants’ assertions, a grand jury foreperson’s failure to sign an indictment does not deprive the trial court of jurisdiction or otherwise entitle a criminal defendant convicted and sentenced on the indictment to a writ of habeas corpus. State ex rel. Justice v. McMackin (1990), 53 Ohio St.3d 72, 73, 558 N.E.2d 1183.

Judgments affirmed.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.

Case Details

Case Name: VanBuskirk v. Wingard
Court Name: Ohio Supreme Court
Date Published: Jan 7, 1998
Citation: 80 Ohio St. 3d 659
Docket Number: Nos. 97-1160, 97-1281, 97-1409, 97-1565 and 97-1857
Court Abbreviation: Ohio
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