Clarke v. McFaul, 89436 (4-5-2007)

{¶ 1} On February 16, 2007, the petitioner, Oniel Clarke, commenced this habeas corpus action against the respondent, Sheriff Gerald McFaul. Clarke maintains that he should be immediately released from confinement for the following reasons: (1) he was never in Ohio so could not be answerable for a crime in Ohio; (2) the State of Ohio knowingly sent a summons to the wrong address, thus depriving him of due process to be notified of a pending case, (3) he was not given a preliminary hearing as required by Crim. R. 5 or given the opportunity to exercise his rights under Crim. R. 6 and 7, and (4)…