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McCLELLAN v. MACK

No. 2011-0546.

129 Ohio St.3d 504 (2011)

2011-Ohio-4216

McCLELLAN, Appellant, v. MACK, WARDEN, Appellee.

Supreme Court of Ohio.

Decided September 1, 2011.

Attorney(s) appearing for the Case

James McClellan , pro se.

Michael DeWine , Attorney General, and Gene D. Park , Assistant Attorney General, for appellee.

Per Curiam.

{¶ 1} We affirm the judgment dismissing the petition of appellant, James McClellan, for a writ of habeas corpus to compel his immediate release from prison.

{¶ 2} McClellan's claim that res judicata barred the relitigation of the propriety of a traffic stop that led to a search of his vehicle and the seizure of evidence used by the state to prosecute him is not cognizable in habeas corpus. "[R]es judicata is...

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