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SMITH v. MITCHELL

No. 97-1292.

80 Ohio St.3d 624 (1998)

SMITH, APPELLANT, v. MITCHELL, WARDEN, APPELLEE.

Supreme Court of Ohio.

Decided January 7, 1998.

Attorney(s) appearing for the Case

Climie Lee Smith, pro se.

Betty D. Montgomery, Attorney General, and Donald Gary Keyser, Assistant Attorney General, for appellee.

Per Curiam.

Smith asserts that the court of appeals erred by dismissing his petition. Smith's assertion, however, is meritless for the following reasons.

First, Smith's claims of erroneous jury instructions and verdict forms could have been raised in his direct appeal from his criminal convictions and sentences; habeas corpus is not available to raise these claims. Smith v. Seidner (1997), 78 Ohio St.3d 172

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