78 Ohio St. 3d 413

The State ex rel. Williams, Appellant, v. Brigano, Warden, Appellee.

[Cite as State ex rel. Williams v. Brigano (1997), 78 Ohio St.3d 413.]

(No. 96-2752

Submitted March 18, 1997

Decided May 14, 1997.)

*414 Donald L. Williams, Sr., pro se.

Betty D. Montgomery, Attorney General, and Donald Gary Keyser, Assistant Attorney General, for appellee, Anthony Brigano, Warden.

Per Curiam.

Williams asserts that the court of appeals erred in dismissing his habeas corpus petition. Williams’s assertion lacks merit for the following reasons.

First, a claimed denial of the right to a speedy trial is not cognizable in habeas corpus. State ex rel. Dotson v. Rogers (1993), 66 Ohio St.3d 25, 607 N.E.2d 453. Instead, appeal is the appropriate remedy to raise this claim. Russell v. Tate (1992), 64 Ohio St.3d 444, 444-445, 596 N.E.2d 1039, 1040.

Second, the speedy trial issue has been previously adjudicated on direct appeal, and res judicata bars Williams from relitigating the issue in a habeas corpus action. Id., 64 Ohio St.3d at 445, 596 N.E.2d at 1040.

Based on the foregoing, we affirm the judgment of the court of appeals.

Judgment affirmed.

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

State ex rel. Williams v. Brigano
78 Ohio St. 3d 413

Case Details

Name
State ex rel. Williams v. Brigano
Decision Date
May 14, 1997
Citations

78 Ohio St. 3d 413

Jurisdiction
Ohio

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