Scott v. Montgomery Cty. Sheriff, Unpublished Decision (8-11-2006)
Scott v. Montgomery Cty. Sheriff, Unpublished Decision (8-11-2006)
Opinion of the Court
{¶ 2} Petitioner is presently being held in the Montgomery County Jail and is subject to bail in the amount of $250,000 in Montgomery County Case No. 06-CR-718/2 and bail in the amount of $25,000 in Montgomery County Case No. 06-CR-2371/4. Petitioner asserts that his $250,000 bail in Case No. 06-CR-718/2 is excessive.
{¶ 3} Habeas corpus is the appropriate remedy when raising claims of excessive bail in pretrial-release cases. Chari v.Vore (2001),
{¶ 4} Respondent asserts that the petition for habeas corpus is defective, and should be dismissed, because it fails to attach all of the documents which commit the Petitioner to Respondent's custody. We agree.
{¶ 5} Although the Petitioner attached to his petition the order in Case No. 06-CR-718/2 which set bail at $250,000, he failed to attach the order in Case No. 06-CR-2371/4 which set bail at $25,000. The purpose of a writ of habeas corpus is "to inquire into the cause of imprisonment, restraint, or deprivation." R.C.
{¶ 6} Accordingly, the Respondent's motion to dismiss is GRANTED, and the petition for a writ of habeas corpus is DISMISSED.
SO ORDERED.
Grady, Presiding J., Brogan, J., Wolff, Jr., J.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.