SMITH v. STATE

No. 2009-A-0019.

2009 Ohio 3940

Darnell Smith, Petitioner, v. State of Ohio, Lake Erie Correctional Institution, Richard Gansheimer, Respondent.

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

August 7, 2009.


Attorney(s) appearing for the Case

Darnell Smith, pro se, PID: 463-783, Lake Erie Correctional Institution, P.O. Box 8000, Conneaut, OH 44030-8000 (Petitioner).

Richard Cordray, Attorney General, State Office Tower, 30 East Broad Street, Columbus, OH 43215-3428, and Elizabeth A. Matune, Assistant Attorney General, Criminal Justice Section, 150 East Gay Street, 16th Floor, Columbus, OH 43215 (For Respondent).


PER CURIAM OPINION

PER CURIAM.

{¶1} This action in habeas corpus is presently before this court for disposition of the motion to dismiss of respondent, Warden Richard Gansheimer of the Lake Erie Correctional Institution. As the primary basis for his motion, respondent contends that the factual allegations of petitioner, Darnell Smith, are insufficient to state a viable claim for the writ because those allegations indicate that petitioner...

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