State ex rel. Jackson v. Dallman , 1994 Ohio 274 ( 1994 )

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The State ex rel. Jackson, Appellant, v. Dallman, Warden,
Appellee.
[Cite as State ex rel. Jackson v. Dallman (1994), Ohio
St. 3d .]
Criminal procedure -- Petition in habeas corpus alleging
unlawful restraint by warden by Lebanon Correctional
Institution -- Claims of double jeopardy and collateral
estoppel do not state a cause of action in habeas corpus.
(No. 94-1719 -- Submitted November 29, 1994 -- Decided
December 30, 1994.)
Appeal from the Court of Appeals for Warren County, No.
CA94-05-049.
Appellant, Nathaniel Jackson, incarcerated in the Lebanon
Correctional Institution, filed a petition in habeas corpus in
the court of appeals, alleging unlawful restraint by
respondent, Warden William H. Dallman, because he was convicted
of aggravated murder with a firearm specification in violation
of the Double Jeopardy Clause of the Constitution of the United
States. The court of appeals dismissed the cause, holding that
claims of double jeopardy and collateral estoppel do not state
a cause of action in habeas corpus. Appellant appeals from
this decision.
Nathaniel Jackson, pro se.
Lee Fisher, Attorney General, and John J. Gideon,
Assistant Attorney General, for appellee.
Per Curiam. The decision of the court of appeals is
affirmed on authority of Wenzel v. Enright (1993), 68 Ohio St.
3d 63, 623 N.E. 2d 69.
Judgment affirmed.
Moyer, C.J., A.W. Sweeney, Douglas, Wright, Resnick, F.E.
Sweeney and Pfeifer, JJ., concur.