Lessin v. McFaul

Appellant contends that the court of appeals’ decision conflicts with our decision in Dapice v. Stickrath (1988), 40 Ohio St.3d 298, 533 N.E.2d 339. We agree and reverse the decision of the court of appeals. In Dapice, we stated that habeas corpus would no longer be available to grant bail on appeal because there is no constitutional right to bail pending appeal, *418and, therefore, requests for the writ are subject to R.C. 2725.05, which states that the writ will not be allowed when a prisoner is restrained by an order of a court with jurisdiction to make the order. Dapice also stated that…