From Casetext: Smarter Legal Research

Ross v. Court

Supreme Court of Ohio
Jun 28, 1972
30 Ohio St. 2d 323 (Ohio 1972)

Summary

holding that " defendant who enters a voluntary plea of guilty while represented by competent counsel waives all nonjurisdictional defects in prior stages of the proceedings"

Summary of this case from State v. Huffman

Opinion

No. 72-45

Decided June 28, 1972.

Habeas corpus — Relief denied, when — Jurisdiction in sentencing court — No allegation plea not voluntary.

IN HABEAS CORPUS.

This is an action in habeas corpus. Petitioner, Ralph Ross, was indicted in April 1969 by the grand jury of Auglaize County for armed robbery. At that time, petitioner being incarcerated in a federal prison, a detainer was placed against him. In May 1971, federal authorities returned him to Auglaize County for trial. On the date set for trial. represented by court-appointed counsel, he pleaded guilty to the lesser included offenses of robbery and assault with a deadly weapon, sentences imposed to run concurrently with his federal sentence, and he was returned to the federal prison. In this habeas corpus complaint, filed on January 18, 1972, petitioner's sole contention is that he was denied a speedy trial.

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


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.

O'NEILL, C.J., SCHNEIDER, HERBERT, CORRIGAN, STERN, LEACH and BROWN, JJ., concur.


Summaries of

Ross v. Court

Supreme Court of Ohio
Jun 28, 1972
30 Ohio St. 2d 323 (Ohio 1972)

holding that " defendant who enters a voluntary plea of guilty while represented by competent counsel waives all nonjurisdictional defects in prior stages of the proceedings"

Summary of this case from State v. Huffman

In Ross, as here, petitioner made no claim of lack of jurisdiction of the sentencing court and this court sustained the motion to dismiss therein.

Summary of this case from Lippert v. Engle
Case details for

Ross v. Court

Case Details

Full title:ROSS v. COMMON PLEAS COURT OF AUGLAIZE COUNTY

Court:Supreme Court of Ohio

Date published: Jun 28, 1972

Citations

30 Ohio St. 2d 323 (Ohio 1972)
285 N.E.2d 25

Citing Cases

State v. Vance

Tollett v. Henderson (1973), 411 U.S. 258, 267, 93 S.Ct. 1602, 36 L.Ed.2d 235. See, also, Ross v. Auglaize…

State v. Spates

Accordingly, we find that defendant knowingly, intelligently and voluntarily waived his right to challenge…