Reed v. Kinkela

Ohio Supreme Court
Reed v. Kinkela, 84 Ohio St. 3d 1427 (Ohio 1998)
702 N.E.2d 903; 1998 Ohio LEXIS 3389
Dismiss, Douglas, Resnick, Stratton

Reed v. Kinkela

Opinion of the Court

In Habeas Corpus. Sua sponte, writ allowed. Allowing the writ means only that a return is ordered. *1428See Workman v. Warden (1997), 80 Ohio St.3d 1479, 687 N.E.2d 474; Pegan v. Crawmer (1995), 73 Ohio St.3d 607, 609, 653 N.E.2d 659, 661. Respondents are ordered to file a return of writ within thirty days of service of the petition, and petitioner may file a response within twenty days after the return. Petitioner’s physical presence before this court is not required. Gaskins v. Shiplevy (1996), 76 Ohio St.3d 380, 382, 667 N.E.2d 1194, 1196.

Douglas, Resnick and Lundberg Stratton, JJ., dissent and would dismiss this cause.

Reference

Cited By
6 cases
Status
Published