State ex rel. Baker v. Troutman

We agree that Miscellaneous Order No. 555 of the Court of Common Pleas of Summit County violates Section 9, Article I of the Ohio Constitution,1 as implemented by Crim. R. 46,2 and have *272granted a writ of habeas corpus ordering Baker’s release on the posting of a $5,000 bond and a peremptory writ of mandamus in the first instance requiring respondents to nullify Miscellaneous Order No. 555.

First we reject respondents’ arguments that Baker has no action in habeas corpus. In State v. Bevacqua (1946), 147 Ohio St. 20, 33 O.O. 186, 67 N.E. 2d 786, we held that habeas corpus is the proper method of…