Dixon v. Bowerman (Slip Opinion) , 2020 Ohio 3049 ( 2020 )


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  • [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as
    Dixon v. Bowerman, Slip Opinion No. 
    2020-Ohio-3049
    .]
    NOTICE
    This slip opinion is subject to formal revision before it is published in an
    advance sheet of the Ohio Official Reports. Readers are requested to
    promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65
    South Front Street, Columbus, Ohio 43215, of any typographical or other
    formal errors in the opinion, in order that corrections may be made before
    the opinion is published.
    SLIP OPINION NO. 
    2020-OHIO-3049
    DIXON, APPELLANT, v. BOWERMAN, WARDEN, APPELLEE.
    [Until this opinion appears in the Ohio Official Reports advance sheets, it
    may be cited as Dixon v. Bowerman, Slip Opinion No. 
    2020-Ohio-3049
    .]
    Habeas corpus—Successive habeas corpus petition barred by res judicata—Court
    of appeals’ dismissal of petition affirmed.
    (No. 2019-1600—Submitted March 10, 2020—Decided May 27, 2020.)
    APPEAL from the Court of Appeals for Lucas County,
    No. L-19-1155, 
    2019-Ohio-4435
    .
    __________________
    Per Curiam.
    {¶ 1} In 2006, appellant, William Dixon, was sentenced to an aggregate
    prison term of 21 years after being convicted of multiple crimes. State v. Dixon, 2d
    Dist. Montgomery No. 21823, 
    2008-Ohio-755
    , ¶ 13. His convictions and sentences
    were affirmed on direct appeal. Id. at ¶ 53.
    {¶ 2} In 2018, Dixon filed a petition for a writ of habeas corpus in the Sixth
    District Court of Appeals asserting multiple grounds for relief. State ex rel. Dixon
    SUPREME COURT OF OHIO
    v. Bowerman, 
    156 Ohio St.3d 317
    , 
    2019-Ohio-716
    , 
    126 N.E.3d 1086
    , ¶ 2. The
    Sixth District dismissed the petition, id. at ¶ 3, and this court affirmed, id. at ¶ 5.
    {¶ 3} In 2019, Dixon filed another petition seeking habeas relief. The Sixth
    District dismissed that petition as well, holding that Dixon’s claims are barred under
    the doctrine of res judicata and that he had an adequate remedy at law. 2019-Ohio-
    4435, ¶ 10-11. Dixon appeals to this court as of right.
    {¶ 4} Because “[r]es judicata bars petitioners from filing successive habeas
    corpus petitions,” Bevins v. Richard, 
    144 Ohio St.3d 54
    , 
    2015-Ohio-2832
    , 
    40 N.E.3d 1108
    , ¶ 4, we affirm. Dixon’s motion for leave to file an amended brief is
    denied.
    Judgment affirmed.
    O’CONNOR, C.J., and KENNEDY, FRENCH, FISCHER, DEWINE, DONNELLY,
    and STEWART, JJ., concur.
    _________________
    William Dixon, pro se.
    Dave Yost, Attorney General, and William H. Lamb, Assistant Attorney
    General, for appellee.
    _________________
    2
    

Document Info

Docket Number: 2019-1600

Citation Numbers: 2020 Ohio 3049

Judges: Per Curiam

Filed Date: 5/27/2020

Precedential Status: Precedential

Modified Date: 5/27/2020