Ohio Supreme Court, 1969

Ashmore v. State

Ohio Supreme Court · Decided July 30, 1969 · Duncan, Herbert, Matthias, Neill, Schneider, Taft

19 Ohio St. 2d 181; 249 N.E.2d 919; 48 Ohio Op. 2d 207; 1969 Ohio LEXIS 354

Cases that cite this one

2 later published cases cite this decision.

In re Gentry (Ohio Ct. App. 1982)
State v. Meeker (Ohio 1971)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

The petition filed herein, and the response thereto, indicate a failure of the state “to make a diligent, good-faith effort” to bring the petitioner before the Dayton Municipal Court for proceedings related to the detainer issued against him. A reasonable effort by the state to secure his presence is required by the decisions of the Supreme Court of the United States in Klopfer v. North Carolina (1967), 386 U. S. 213, 18 L. Ed. 2d , 87 S. Ct. 988, and Smith v. Hooey (1969), U. S. , 21 L. Ed. 2d 607. We are of the opinion that the reasons supporting those decisions, where a petitioner is currently under indictment by a jurisdiction other than the one in which he is incarcerated, apply with equal force to a petitioner against whom a detainer has been issued based upon a warrant for his arrest.

Writ allowed.

Taft, C. J., O’Neill, Schneider, Herbert and Duncan, JJ., concur.* Matthias, J., dissents.

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