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Taylor v. Mitchell

Supreme Court of Ohio
May 17, 2000
88 Ohio St. 3d 453 (Ohio 2000)

Summary

rejecting for same reason state habeas petitioner's claim that the common pleas court lacked jurisdiction over his kidnapping and aggravated robbery charges due to the fact no criminal complaints were ever filed charging him with those offenses before the indictment was issued

Summary of this case from Riffel v. Erwin

Opinion

No. 99-2069.

Submitted April 11, 2000.

Decided May 17, 2000.

Appeal from the Court of Appeals for Richland County, No. 99-CA-72.

Gerald Taylor, pro se.

Betty D. Montgomery, Attorney General, and Michele M. Schoeppe, Assistant Attorney General, for appellee.


In June 1991, appellant, Gerald Taylor, abducted a woman at gunpoint in Bedford Heights, Ohio, and transported her to Cleveland, where he raped her. In October 1991, a Cuyahoga County jury found him guilty, as charged in the indictment, of two counts of rape, one count of kidnapping, and one count of aggravated robbery, with various specifications, and the trial court sentenced Taylor to an aggregate prison term of twenty-three to fifty years.

In September 1999, Taylor filed a petition in the court of appeals for a writ of habeas corpus. Taylor claimed that his trial court lacked jurisdiction over his kidnapping and aggravated robbery charges because no criminal complaints were ever filed charging him with those offenses, and the Bedford Municipal Court lacked territorial and subject-matter jurisdiction over his rape charges because these offenses occurred in Cleveland.

In October 1999, the court of appeals sua sponte dismissed the petition.

This cause is now before the court upon an appeal as of right.


We affirm the judgment of the court of appeals. Any defect caused by the alleged failure to file criminal complaints or the claimed impropriety of the municipal court's assumption of jurisdiction over the rape charges are not cognizable in habeas corpus. Taylor was convicted and sentenced upon an indictment regularly issued, and the common pleas court had jurisdiction to try, convict, and sentence him on the charged offenses. See State ex rel. Dozier v. Mack (1999), 85 Ohio St.3d 368, 369, 708 N.E.2d 712, 713; see, also, Simpson v. Maxwell (1964), 1 Ohio St.2d 71, 30 O.O.2d 40, 203 N.E.2d 324; Orr v. Mack (1998), 83 Ohio St.3d 429, 430, 700 N.E.2d 590, 591 ("[A]fter a conviction for crimes charged in an indictment, the judgment binds the defendant for the crime for which he was convicted."). Judgment affirmed.

Taylor waived the additional claims he raises on appeal by failing to raise them in the court of appeals. Brown v. Leonard (1999), 86 Ohio St.3d 593, 716 N.E.2d 183.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.


Summaries of

Taylor v. Mitchell

Supreme Court of Ohio
May 17, 2000
88 Ohio St. 3d 453 (Ohio 2000)

rejecting for same reason state habeas petitioner's claim that the common pleas court lacked jurisdiction over his kidnapping and aggravated robbery charges due to the fact no criminal complaints were ever filed charging him with those offenses before the indictment was issued

Summary of this case from Riffel v. Erwin
Case details for

Taylor v. Mitchell

Case Details

Full title:Taylor, Appellant, v. Mitchell, Warden, Appellee

Court:Supreme Court of Ohio

Date published: May 17, 2000

Citations

88 Ohio St. 3d 453 (Ohio 2000)
727 N.E.2d 905

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