Legal Opinion

State ex rel. Burch v. Morris

Ohio Supreme Court

Decided July 9, 1986No. 85-1789PublishedCited by 5 opinions

1Per curiam

As was recognized by this court in In re Burson (1949), 152 Ohio St. 375 [40 O.O. 391], paragraph four of the syllabus:

*19“Where a person restrained of his liberty is in custody of an officer under process issued by a court or magistrate, or by virtue of a judgment or order of a court of record, and the court or magistrate had jurisdiction to issue the process, render the judgment or make the order, a discharge from custody by the writ of habeas corpus will not be allowed. Such person has an adequate remedy at law by way of review on appeal.” Accord Stahl v. Shoemaker (1977), 50 Ohio St. 2d 351,…

2Cases cited4 opinions

  1. In Re BursonOhio Supreme Court · 1949
  2. Stahl v. ShoemakerOhio Supreme Court · 1977
  3. Freeman v. MaxwellOhio Supreme Court · 1965
  4. Anderson v. MaxwellOhio Supreme Court · 1967

3Cited by5 opinions

  1. State ex rel. Rash v. JacksonOhio Supreme Court · 2004
  2. Hudlin v. AlexanderOhio Supreme Court · 1992
  3. Mosely v. EcholsOhio Supreme Court · 1991
  4. Russell v. TateOhio Supreme Court · 1992
  5. Gold v. BertramOhio Court of Appeals · 2023

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