State ex rel. Hawkins v. Frederick

Citations

• 2025 Ohio 4540

Syllabus

Habeas corpus—Appellant's maximum sentence has not expired, and he failed to show that trial court patently and unambiguously lacked jurisdiction to sentence him or that his commuted sentence is void—Governor's exercise of clemency power merely substitutes a lesser punishment and therefore does not create a new judgment subject to appeal or jurisdictional challenge—Federal Ex Post Facto Clause forbids neither the commutation of a sentence nor a commuted sentence imposed under an otherwise constitutional statute and therefore does not apply to appellant's commuted sentence—Court of appeals' judgment granting warden's motion to dismiss affirmed.