Smith v. Leis

{¶ 1} This is an appeal from a judgment that granted a writ of habeas corpus and ordered the release of a criminal defendant pending a trial on criminal charges.

{¶ 2} In August 2004, appellee, Dwayne Smith, was indicted on two counts of cocaine possession, one count of cocaine trafficking, three counts of having weapons while under disability, one count of receiving stolen property, and certain accompanying specifications. Smith filed a motion to suppress evidence found in his car and in an apartment. The search of the car and the apartment arose from an anonymous tip to police. The evidence…