Ross v. Common Pleas Court

Ross v. Common Pleas Court of Auglaize County

Ross v. Common Pleas Court, 285 N.E.2d 25 (Ohio 1972)

Court: Ohio Supreme Court · State Highest Courts
Decided: June 28, 1972
Docket: No. 72-45
Judges: Brown, Corrigan, Herbert, Leach, Neill, Schneider, Stern
Citations: 285 N.E.2d 2530 Ohio St. 2d 32359 Ohio Op. 2d 3851972 Ohio LEXIS 430

Cited by 78 3 descriptions by later courts

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

Habeas corpus is not available where it appears that the sentencing court had jurisdiction to render the judgment of conviction. Freeman v. Maxwell (1965), 4 Ohio St. 2d 4 . In this case, petitioner makes no claim of lack of jurisdiction by the respondent court.

Moreover, petitioner does not allege that his guilty plea, entered while he was represented by counsel, was not voluntary. “A defendant who enters a voluntary plea of *324 guilty while represented by competent counsel waives all nonjurisdictional defects in prior stages of the proceedings.” Crockett v. Haskins (1966), 372 F. 2d 475 .

The motion to dismiss the complaint is sustained and the writ is denied.

Writ denied.

0 ’Neill, C. J., Schneider, Herbert, Corrigan, Stern, Leach and Brown, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 3 in all; the most informative distinct ones are shown.

(a defendant represented by competent counsel who enters a voluntary guilty plea waives all nonjurisdictional defects in prior proceedings including speedy trial)

State v. Jackson, 2014 Ohio 2249
(voluntary plea waives all non- jurisdictional, appealable errors which may have occurred prior to the plea)

State v. Weaver, 2013 Ohio 430
(valid guilty plea by counseled defendant waives all nonjurisdictional defects in prior stages of proceedings)

State v. Guyton, 2021 Ohio 3725

Cited by 78 cases

View all citing references →

Relies on it most ⓘ

State v. Fitzpatrick102 Ohio St. 3d 321 (2004)
State v. Spates595 N.E.2d 351 (Ohio 1992)
State v. Spates1992 Ohio 130
State v. McQueeney774 N.E.2d 1228 (Ohio Ct. App. 2002)
State v. Chessman829 N.E.2d 748 (Ohio Ct. App. 2005)
State v. West730 N.E.2d 288 (Ohio Ct. App. 1999)

Most recent

State v. Kodger2026 Ohio 327
State v. Gibbons2025 Ohio 5713
State v. Hess2025 Ohio 4429
State v. Holycross2024 Ohio 2869
State v. Swazey2023 Ohio 4627, 238 N.E.3d 9
State v. Wilson2023 Ohio 830

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 2

Depth	Case	Cited by
	Freeman v. Maxwell, 210 N.E.2d 885 (Ohio 1965)	58
	Crockett v. E. B. Haskins, Supt., 372 F.2d 475 (6th Cir. 1966)	19

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