STALLINGS v. TIBBALS

No. 12 CA 47.

2012 Ohio 5449

THOMAS STALLINGS, Petitioner, v. TERRY TIBBALS, WARDEN, Respondent.

Court of Appeals of Ohio, Fifth District, Richland County.

November 20, 2012.


Attorney(s) appearing for the Case

THOMAS STALLINGS, PRO SE, Mansfield Correctional Institution, 1150 North Main Street, P. O. Box 788, Mansfield, Ohio 44901, for Petitioner.

STEPHANIE L. WATSON , PRINCIPAL ASSISTANT ATT. GENERAL, 150 East Gay Street, 16th Floor, Columbus, Ohio 43215-6001, for Respondent.

W. Scott Gwin, P. J., Sheila G. Farmer, J. and John W. Wise, J., Judges.


OPINION

WISE, J.

{¶ 1} Petitioner, Thomas Stallings, has filed a petition for writ of habeas corpus alleging he is entitled to release from prison based upon an improper bindover hearing. Respondent has filed a motion to dismiss arguing the petition must be dismissed as res judicata.

{¶ 2} Petitioner was convicted of the murder of a fifteen year old boy. At the time of the offense, Petitioner was also a minor....

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