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STARCHER v. EBERLIN

No. 08 BE 19.

2008 Ohio 5042

Rocky Wayne Starcher, Petitioner, v. Michelle Eberlin, Warden, Belmont Correctional Institute, Respondent.

Court of Appeals of Ohio, Seventh District, Belmont County.

Dated: September 25, 2008.

Attorney(s) appearing for the Case

Rocky Wayne Starcher, Pro Se, #442-217, Belmont Correctional Institution, P.O. Box 540, St. Clairsville, Ohio 43950, for Petitioner.

Attorney Stephanie Watson, Assistant Attorney General, Corrections Litigation Section, 150 East Gay Street, 16th Floor, Columbus, Ohio 43215, for Respondent.

Before Hon. Joseph J. Vukovich, Hon. Gene Donofrio, Hon. Cheryl L. Waite.

OPINION AND JUDGMENT ENTRY

PER CURIAM.

{¶1} Petitioner Rocky Wayne Starcher seeks a writ of habeas corpus in this court, alleging that he is entitled to release because he was convicted upon a defective indictment and without a jury instruction on the proper mens rea. He relies wholly on the Ohio Supreme Court's decision in State v. Colon, 118 Ohio St.3d 26, 2008-Ohio-1624, where the court...

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