Opinion · Ohio Supreme Court

Ross v. Common Pleas Court

30 Ohio St. 2d 323

Type
Opinion
Court
Ohio Supreme Court
Jurisdiction
Ohio
Date
1972-06-28
Topic
general

a defendant represented by competent counsel who enters a voluntary guilty plea waives all nonjurisdictional defects in prior proceedings including speedy trial | voluntary plea waives all non- jurisdictional, appealable errors which may have occurred prior to the plea | valid guilty plea by counseled defendant waives all nonjurisdictional defects in prior stages of proceedings

Citator

Cited by
40 opinions
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.