Ross v. Common Pleas Court

Ohio

Court: Supreme Court of Ohio

Citations: 30 Ohio St. 2d 323, 59 Ohio Op. 2d 385, 285 N.E.2d 25, 1972 Ohio LEXIS 430

Decision Date: 6/28/1972

Docket Number: No. 72-45

Jurisdiction: OH

Bluebook Citation: Ross v. Common Pleas Court, 30 Ohio St. 2d 323, 59 Ohio Op. 2d 385, 285 N.E.2d 25, 1972 Ohio LEXIS 430 (Ohio 1972)

More Cases: Ohio decisions from 1972

Ross v. Common Pleas Court of Auglaize County.

Judges

0 ’Neill, C. J., Schneider, Herbert, Corrigan, Stern, Leach and Brown, JJ., concur.

Attorneys

Mr. Ralph Ross, in propria persona.
Mr. H. Michael Moser, prosecuting attorney, for respondent.

majority Per Curiam.

Habeas corpus is not available where it appears that the sentencing court had jurisdiction to render the judgment of conviction. Freeman v. Maxwell (1965), 4 Ohio St. 2d 4. In this case, petitioner makes no claim of lack of jurisdiction by the respondent court.

Moreover, petitioner does not allege that his guilty plea, entered while he was represented by counsel, was not voluntary. “A defendant who enters a voluntary plea of guilty while represented by competent counsel waives all nonjurisdictional defects in prior stages of the proceedings.” Crockett v. Haskins (1966), 372 F. 2d 475.

The motion to dismiss the complaint is sustained and the writ is denied.

Writ denied.

0 ’Neill, C. J., Schneider, Herbert, Corrigan, Stern, Leach and Brown, JJ., concur.

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