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Nelson v. Alvis, Warden

Supreme Court of Ohio
Feb 24, 1960
165 N.E.2d 9 (Ohio 1960)

Opinion

No. 36234

Decided February 24, 1960.

Habeas corpus — Not available as substitute for adequate remedy by appeal.

APPEAL from the Court of Appeals for Franklin County.

This action in habeas corpus was instituted in the Court of Appeals by appellant, Nelson, to obtain his release from the Ohio Penitentiary where he is serving a sentence based on a judgment of conviction of armed robbery.

Appellant assigned as reasons for granting the relief sought denial of a speedy trial, being held incommunicado for four days, misconduct of the prosecuting attorney, conflicting and incredible testimony, and insufficient evidence to warrant a verdict of guilty.

The Court of Appeals denied the relief sought and remanded appellant to the custody of appellee.

An appeal as of right brings the cause to this court for review.

Mr. Nathaniel Nelson, in propria persona. Mr. Mark McElroy, attorney general, and Mr. John J. Connors, Jr., for appellee.


Appellant had an adequate remedy by way of appeal from the judgment of conviction to review the alleged errors of which he complains, and the Court of Appeals properly denied him such a review by way of a proceeding in habeas corpus.

Judgment affirmed.

WEYGANDT, C.J., ZIMMERMAN, TAFT, MATTHIAS, BELL, HERBERT and PECK, JJ., concur.


Summaries of

Nelson v. Alvis, Warden

Supreme Court of Ohio
Feb 24, 1960
165 N.E.2d 9 (Ohio 1960)
Case details for

Nelson v. Alvis, Warden

Case Details

Full title:NELSON, APPELLANT v. ALVIS, WARDEN, APPELLEE

Court:Supreme Court of Ohio

Date published: Feb 24, 1960

Citations

165 N.E.2d 9 (Ohio 1960)
165 N.E.2d 9