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William Olney v. The State of Ohio

William OLNEY, Petitioner-Appellant, v. the STATE OF OHIO, Respondent-Appellee

Olney v. Ohio, 341 F.2d 913 (6th Cir. 1965)
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Court
Court of Appeals for the Sixth Circuit · U.S. Courts of Appeals
Decided
March 3, 1965
Docket
No. 16019_1
Judges
Weick, Miller, Edwards
Citations
341 F.2d 9131965 U.S. App. LEXIS 6360

Opinion — Per Curiam

PER CURIAM.

This is an appeal from an order of the District Court dismissing Appellant’s petition for a declaratory judgment because of lack of jurisdiction. The appeal was ordered submitted on briefs without oral argument.

In his petition Appellant sought a determination by the District Court of the validity of the sentence which he received in the state court upon his conviction of the offense of murder in the second degree. Appellant does not question the validity of his conviction, only of the sentence. In our judgment, in order to correct an alleged incorrect sentence Appellant’s remedy is in the court in which he was convicted. No constitutional question is involved.

The District Court lacked jurisdiction to consider the petition for declaratory judgment. Forsythe v. State of Ohio, 333 F.2d 678 (C.A.6, 1964).

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1966: 11967: 11968: 21969: 11978: 12014: 12024: 12025: 119662026peak 1968 · 2

Most recent

  1. Boyle v. State2025 Ohio 859
  2. State of Ohio ex rel. Mendy Schwarzmer v. Hon. Judge Janet Burnside2024 Ohio 1050
  3. Lingo v. State2014 Ohio 1052, 7 N.E.3d 1188
  4. Hill v. Tennessee465 F. Supp. 789 (E.D. Tenn. 1978)
  5. Clausell v. Turner295 F. Supp. 533 (S.D.N.Y. 1969)
  6. Richard C. Ruip v. Commonwealth of Kentucky400 F.2d 871 (6th Cir. 1968)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Forsythe v. Ohio, 333 F.2d 678 (6th Cir. 1964) 25

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