Wenzel v. Enright

Appellant suggests that habeas corpus is a proper remedy for an accused seeking pretrial appellate review of a trial court’s decision denying a motion to dismiss on the ground of double jeopardy. We disagree. For the reasons that follow, we affirm the judgment of the court of appeals dismissing appellant’s petition for a writ of habeas corpus.

In Owens v. Campbell (1971), 27 Ohio St.2d 264, 56 O.O.2d 158, 272 N.E.2d 116, this court held, in the syllabus, that:

“The extraordinary original jurisdiction granted to an Ohio appellate court may be invoked to adjudicate the right of an accused to the…