In Habeas Corpus. This cause originated in this court on the filing of a complaint for a petition for a *1455writ of habeas corpus. Upon consideration of the petition and the return of writ,

IT IS ORDERED by the court that the writ be granted and that the petitioner is immediately released based upon the court's decision in Hernandez v. Kelly, 108 Ohio St.3d 395, 2006-Ohio-126, 844 N.E.2d 301.