92 Ohio St. 3d 322

Travis, Appellant, v. Bagley, Warden, Appellee.

[Cite as Travis v. Bagley (2001), 92 Ohio St.3d 322.]

*323(No. 01-367

Submitted June 20, 2001

Decided July 18, 2001.)

Bernard W. Travis, pro se.

Betty D. Montgomery, Attorney General, and Mark J. Zemba, Assistant Attorney General, for appellee.

Per Curiam.

In 1988, appellant, Bernard W. Travis, was convicted of kidnapping, rape, attempted rape, felonious assault, and gross sexual imposition, and he was sentenced to prison. On appeal, his convictions were affirmed. State v. Travis (Apr. 16, 1990), Cuyahoga App. No. 56825, unreported, 1990 WL 40573.

In December 2000, Travis filed a petition in the Court of Appeals for Richland County for a writ of habeas corpus to compel his release from prison. Travis claimed that his trial court had denied him his constitutional right to a speedy trial. In January 2001, the court of appeals dismissed the petition.

This cause is now before the court upon Travis’s appeal as of right.

We affirm the judgment of the court of appeals for the reasons stated in its opinion. A claimed violation of a criminal defendant’s right to a speedy trial is not cognizable in habeas corpus. Brown v. Leonard (1999), 86 Ohio St.3d 593, 716 N.E.2d 183; Mack v. Maxwell (1963), 174 Ohio St. 275, 22 O.O.2d 335, 189 N.E.2d 156. Instead, appeal is the appropriate remedy. State ex rel. Brantley v. Anderson (1997), 77 Ohio St.3d 446, 674 N.E.2d 1380.

Judgment affirmed.

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

Travis v. Bagley
92 Ohio St. 3d 322

Case Details

Name
Travis v. Bagley
Decision Date
Jul 18, 2001
Citations

92 Ohio St. 3d 322

Jurisdiction
Ohio

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!