Locke v. Jenkins

In this action, petitioner seeks his release by the writ of habeas corpus and an order requiring the Municipal Court judge to set bail in a reasonable amount.

Section 9, Article I of the Ohio Constitution reads as follows:

“All persons shall be bailable by sufficient sureties, except for capital offenses where the proof is evident, or the presumption great. Excessive bail shall not be re*46quired; nor excessive fines imposed; nor cruel and unusual punishments inflicted.”

The right to hail under that section is absolute, the only, exception being for capital offenses. There is no discretion in the…