Lopez v. Warden

The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant’s petition for a writ of habeas corpus, holding that the court of appeals properly determined that res judicata precluded Appellant from raising his claim in this habeas corpus petition.In his petition, Appellant argued that the trial court lacked jurisdiction to convict him because the juvenile court had not conducted a bindover proceeding as required by Ohio Rev. Code 2152.12 and Juv. R. 30. The court of appeals dismissed the petition, ruling that Appellant had an adequate remedy in the ordinary course of the law through which he could raise his bindover claim and that his habeas claim was barred by res judicata. The Supreme Court affirmed on res judicata grounds, holding that res judicata precluded Appellant from using habeas corpus to gain successive appellate review of this previously litigated issue. View "Lopez v. Warden" on Justia Law