Legal Opinion
McDuffie v. Berzzarins
Ohio Supreme Court
Decided July 2, 1975No. 74-977PublishedCited by 18 opinions
1Opinion of the CourtCelebbbzze, J.
In In re Popp (1973), 35 Ohio St. 2d 142, this court reaffirmed its longstanding position that the remedy of habeas corpus is available only to effect a release from illegal confinement. Also, the conclusion that habeas corpus is available when no other remedy exists to vindicate constitutional rights was recognized. See Freeman v. Maxwell (1965), 4 Ohio St. 2d 4, 6.
Here, petitioner has been unconditionally released from confinement. There is no viable fact distinction which can be made in order to differentiate between the cause before us and Popp.
In Popp, the syllabus provides:
“Where…
2Cases cited8 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Sibron v. New YorkSupreme Court of the United States · 1968
- Carafas v. LaValleeSupreme Court of the United States · 1968
- Von Moltke v. GilliesSupreme Court of the United States · 1948
- David Frank Spanbauer v. John C. Burke, Warden, Wisconsin State PrisonCourt of Appeals for the Seventh Circuit · 1966
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Stahl v. ShoemakerOhio Supreme Court · 1977
- In Re McCaskillSupreme Court of Minnesota · 1999
- In Re Jesse M.Court of Appeals of Arizona · 2007
- Jenkins v. DIRECTOR OF VIRGINIA CENTERSupreme Court of Virginia · 2006
- Harshaw v. FarrellOhio Court of Appeals · 1977
13 more not listed; retrieve them via the Exa API.