Ohio Supreme Court, 1969

Locke v. Jenkins

Ohio Supreme Court · Decided November 20, 1969 · Corrigan, Duncan, Herbert, Matthias, Neill, Schneider, Tart

20 Ohio St. 2d 45; 253 N.E.2d 757; 49 Ohio Op. 2d 304; 1969 Ohio LEXIS 421

Cases that cite this one

10 later published cases cite this decision.

State ex rel. Sylvester v. Neal (Slip Opinion) (Ohio 2014)
Smith v. Leis (Ohio 2005)
Smith v. Leis (Ohio Ct. App. 2006)
Gallagher v. Johnson (Ohio Ct. App. 1998)
State ex rel. Jones v. Hendon (Ohio 1993)
State ex rel. Torrez v. Whitaker (N.M. 2018)
State ex rel. Baker v. Troutman (Ohio 1990)
In re Writ of Habeas Corpus of Humphrey (Okla. Crim. App. 1979)
State ex rel. Torrez v. Whitaker (N.M. 2018)
Abbott v. City of Columbus (Court of Common Pleas of Ohio, Franklin County, Civil Division 1972)

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.

In this action, petitioner seeks his release by the writ of habeas corpus and an order requiring the Municipal Court judge to set bail in a reasonable amount.

Section 9, Article I of the Ohio Constitution reads as follows:

“All persons shall be bailable by sufficient sureties, except for capital offenses where the proof is evident, or the presumption great. Excessive bail shall not be re*46quired; nor excessive fines imposed; nor cruel and unusual punishments inflicted.”

The right to hail under that section is absolute, the only, exception being for capital offenses. There is no discretion in the trial court in such matters. State v. Bevacqua, 147 Ohio St. 20, 22; 8 Corpus Juris Secundum 7, Bail, Section 35.

The writs are allowed and the judge is ordered to set bail in an amount which is reasonable in relation to the facts and circumstances of these cases.

Writs allowed.

Tart, C. J., Matthias, O’Neill, Schneider, Herbert, Duncan and Corrigan, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.