State v. Russell, 89639 (4-4-2007)
State v. Russell, 89639 (4-4-2007)
Opinion of the Court
{¶ 1} On March 29, 2007, the petitioner, Jason Russell, Sr. commenced this habeas corpus action to compel that either his initial $25,000 bond be reinstated or this court set reasonable bond in the underlying case,State v. Jason Russell, Sr., Cuyahoga County Common Pleas Court Case No. CR-478495, because the trial court had improperly denied bond pursuant to R.C.
{¶ 2} In the underlying case the Grand Jury, in March 2006, indicted Russell for rape, kidnapping, felonious assault, and domestic violence. The trial court set bond at $25,000. In early February 2007, a different individual brought two more charges of domestic violence against Russell in Cleveland Municipal Court. Russell alleges that on February 12, 2007, at a pre-trial in the underlying case the trial court revoked bond based on allegations that Russell had made a threatening telephone call to the victim in the Cleveland Municipal Court cases. After a bond hearing on February 27, 2007, the trial court denied Russell's motion for bond. Russell, through his attorney, then commenced this habeas action alleging that he is being held illegally pursuant to R.C.
{¶ 3} Russell's habeas petition is fatally defective. First, it is not verified, as required by R.C.
{¶ 4} Finally, habeas relief is precluded because appeal is an adequate remedy at law. State ex rel. Tucker v. Rogers,
{¶ 5} Accordingly, this court dismisses this application for a writ of habeas corpus. Russell to pay costs. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B).
*Page 1SEAN C. GALLAGHER, P.J., and ANN DYKE, J., CONCUR
Reference
- Full Case Name
- State of Ohio, Relator v. Jason Russell, Sr.
- Cited By
- 4 cases
- Status
- Published