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HAMMOND v. DALLMAN

No. 91-1686.

63 Ohio St.3d 666 (1992)

HAMMOND v. DALLMAN, WARDEN.

Supreme Court of Ohio.

Decided May 20, 1992.

Attorney(s) appearing for the Case

Billy R. Hammond, pro se.

Lee I. Fisher, Attorney General, and John J. Gideon, for respondent.

Per Curiam.

For the following reasons, we grant the writ, but deny relief and remand petitioner to custody.

In Lippert v. Engle (1977), 49 Ohio St.2d 281, 3 O.O.3d 434, 361 N.E.2d 239, we held that to withstand a motion to dismiss, a petition in habeas corpus must conform to R.C. 2725.041 and attack the jurisdiction of the sentencing

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