Smith v. Leis

{¶ 1} This is a direct appeal from a judgment dismissing a petition for a writ of habeas corpus that challenges the imposition of a preconviction, cash-only bond. We hold that the appellant, Garey Smith, is not entitled to the requested writ, because he has now been convicted. Nevertheless, while this case is moot as to Smith, the issue raised is properly before us because we find that it is of great public or general interest. After due consideration, we hold that cash-only bail is unconstitutional under Section 9, Article I of the Ohio Constitution and is not authorized by either Crim.R. 46…