David J. Pishok, Petitioner,
v.
Bennie Kelly, Warden, Respondent.
Court of Appeals of Ohio, Eleventh District, Trumbull County.https://leagle.com/images/logo.png
January 23, 2009.
January 23, 2009.
Attorney(s) appearing for the Case
David J. Pishok, PID: 422-499, Trumbull Correctional Institution, P.O. Box 901, Leavittsburg, OH 44430-0901 (Petitioner).
Nancy Hardin Rogers, Attorney General, Diane Mallory, Assistant Attorney General, and M. Scott Criss, Assistant Attorney General, State Office Tower, 17th Floor, 30 East Broad Street, Columbus, OH 43215-3428 (For Respondent).
Court of Appeals of Ohio, Eleventh District, Trumbull County.
PER CURIAM OPINION
PER CURIAM.
{¶1} This habeas corpus action is presently before this court for disposition of the motion to dismiss of respondent, Warden Bennie Kelly of the Trumbull Correctional Institution. As the primary basis for his motion, respondent contends that the sole claim of petitioner, David J. Pishok, fails to set forth a viable cause of action for a writ because the sufficiency of a criminal indictment cannot be challenged...
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