Legal Opinion
State v. Johnson
Court of Common Pleas of Ohio, Hamilton County
Decided November 13, 1967No. Nos. 85474 and 87043PublishedCited by 2 opinions
1Opinion of the CourtBettman, J.
These two cases present the same issue to the court. The issue is, “Are the prosecuting authorities of the state of Ohio under a duty to bring to the state for trial a defendant incarcerated in a federal penitentiary?”
Defendant Johnson was indicted, arraigned and posted bond in December 1964. Various continuances were granted and in November 1965, the prosecuting attorney was advised that Johnson was in the federal penitentiary in Atlanta, Georgia. In March 1966, Johnson filed a petition for a writ of habeas corpus ad prosequendum with this court praying that he be returned to this county for…
2Cases cited14 opinions
- Ponzi v. FessendenSupreme Court of the United States · 1922
- The People v. BryarlyIllinois Supreme Court · 1961
- Commonwealth v. McGrathMassachusetts Supreme Judicial Court · 1965
- In Re SchechtelSupreme Court of Colorado · 1938
- State Ex Rel. Fredenberg v. ByrneWisconsin Supreme Court · 1963
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3Cited by2 opinions
- People v. FerrazzaMichigan Court of Appeals · 1969
- State v. Moore, Court of Common Pleas of Ohio, Hamilton County1968