PISHOK v. KELLY

No. 2008-T-0093.

2009 Ohio 287

David J. Pishok, Petitioner, v. Bennie Kelly, Warden, Respondent.

Court of Appeals of Ohio, Eleventh District, Trumbull County.

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).


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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