Gaskins v. Shiplevy

Gaskins essentially asserts that the court of appeals erred in denying his requested habeas corpus relief based on appellee’s return without first conducting an evidentiary hearing and permitting discovery under the Rules of Civil Procedure.

Whatever the applicability of a particular Civil Rule, R.C. Chapter 2725 prescribes a basic, summary procedure for bringing a habeas corpus action. *382Pegan v. Crawmer (1995), 73 Ohio St.3d 607, 608-609, 653 N.E.2d 659, 661. An evidentiary hearing, discovery, and the physical presence of the petitioner are not always required in habeas corpus proceedings…