WILLS, APPELLANT, v. TURNER, WARDEN, APPELLEE.
No. 2016-1303
Supreme Court of Ohio
July 25, 2017
2017-Ohio-6874
{16} Lоve‘s mandamus claim is also barred by res judicata. “[U]nder the doctrine of res judicata, an existing finаl judgment or decree binding the parties is conclusive as to all claims that were or could hаve been litigated in a first lawsuit. * * * Res judicata requires a plaintiff to present every ground for relief in the first action or be forever barred from asserting it.” State ex rel. Robinson v. Huron Cty. Court of Common Plеas, 143 Ohio St.3d 127, 2015-Ohio-1553, 34 N.E.3d 903, 8. Love failed to raise his insufficient-verdict-form claim in his direct appeal, but he did rаise that claim in postconviction proceedings. He twice filed motions to vacate a void judgment based on his claims that the verdict forms were improper. Both motions were deniеd. State v. Love, 11th Dist. Lake No. 2011-L-159, 2012-Ohio-3029, 2012 WL 2522948; State v. Love, 11th Dist. Lake No. 2015-L-009, 2015-Ohio-3548, 2015 WL 5096039.
{17} Accordingly, the court of apрeals correctly dismissed Love‘s mandamus petition on the basis of res judicata.
Judgment affirmed.
O‘CONNOR, C.J., and O‘DONNELL, KENNEDY, FRENCH, O‘NEILL, FISCHER, and DEWINE, JJ., cоncur.
Michael K. Love, pro se.
Charles E. Coulson, Lake County Prosecuting Attorney, and Eric A. Condon, Assistant Prosecuting Attorney, for aрpellee.
Per Curiam.
{11} We affirm the judgment of the Third District Court of Appeals dismissing the petition of appellant, Jeffrey A. Wills, for a writ of habeas corpus.
{12} According to his petition, Wills was indicted for rape in 1988. He entered a plea of not guilty and was released on bond. In 1989, the trial court revoked his bоnd and issued an arrest warrant, but police did not arrest Wills until 2003. In 2004, he pleaded guilty to an amended rape charge, was convicted, and was sentenced to a term of 10 to 25 years’ imprisonment. Hе is presently incarcerated in North Central Correctional Institution, and his maximum sentence exрires on October 14, 2028.
{13} On April 26, 2016, Wills filed a petition for a writ of habeas corpus in the Third District Court of Appeals, asserting flaws in the charging instrument and his sentence. Appellee, Neil Turner, the warden of Nоrth Central Correctional Institution, filed a motion to dismiss. The court of appeals granted the motion, finding that Wills‘s petition did not comply with the mandatory filing requirements of
{14} Habeas corpus “will lie only to challenge the jurisdiction of the sentencing court.
{15} Wills alleges two grounds for habeas relief. First, he objeсts to the trial court‘s sentencing him under the law in effect at the time of his 1988 indictment, rather than the law in еffect at the time of his 2004 guilty plea, which would have resulted in a shorter sentence. Second, he claims that the trial court lacked jurisdiction over his case because the state nevеr filed a complaint or a properly sworn affidavit against him.
{16} Neither claim is cognizable in this action. “[S]entencing errors are not jurisdictional and are not cognizable in habeas corpus.” Majoros v. Collins, 64 Ohio St.3d 442, 443, 596 N.E.2d 1038 (1992). Likewise, “[a]ny alleged error caused by the failure to file a criminal complaint is not cognizable in habeas corpus” when the defendant “was convicted and sentenced upon an indictment.” State ex rel. Jackson v. Brigano, 88 Ohio St.3d 180, 181, 724 N.E.2d 424 (2000).
{18} In his initial brief, Wills asserted that he filed his petition “with all the required attached documents.” However, the record does not bear out Wills‘s assertion: he did not attach аny of the required documents. Alternatively, he asks this court to afford him leniency in complying with these statutory requirements in light of his status as a pro se petitioner. But “[i]t is well established that pro se litigants arе presumed to have knowledge of the law and legal procedures and that they are hеld to the same standard as litigants who are represented by counsel.” State ex rel. Fuller v. Mengel, 100 Ohio St.3d 352, 2003-Ohio-6448, 800 N.E.2d 25, 10, quoting Sabouri v. Dept. of Job & Family Servs., 145 Ohio App.3d 651, 654, 763 N.E.2d 1238 (10th Dist.2001).
{19} Accordingly, we affirm the judgment of the court of appeals dismissing Wills‘s pеtition for a writ of habeas corpus.
Judgment affirmed.
O‘CONNOR, C.J., and O‘DONNELL, KENNEDY, FRENCH, and DEWINE, JJ., concur.
O‘NEILL, J., concurs in judgment only.
FISCHER, J., not participating.
Jeffrey A. Wills, pro se.
Michael DeWine, Attorney General, and M. Scott Criss, Assistant Attorney General, for appellee.