In Thornton v. Russell (1998), 82 Ohio St.3d 93, 1998 Ohio 268, 694 N.E.2d 464, the petitioner claimed that his murder conviction should be declared void because the initial complaint against him had only been sworn before a deputy clerk of courts. In affirming the dismissal of the habeas corpus petition, the Supreme Court stated: "Any defect in the criminal complaint filed in municipal court is not cognizable in habeas corpus because the petitioner was never convicted and sentenced on the complaint. Instead, the criminal complaint was dismissed, and he was convicted and sentenced upon the indictment." Id., at 465.