Brown v. Rogers
Ohio Supreme Court
1Per curiam
In Pirman, supra, this court held that habeas corpus is the proper action to seek postconviction bail, overruling Dapice v. Stickrath (1988), 40 Ohio St.3d 298, 533 N.E.2d 339, and Lessin v. McFaul (1992), 62 Ohio St.3d 417, 583 N.E.2d 1306, which had held that habeas corpus was improper because it did not attack the sentencing court’s jurisdiction as required by R.C. 2725.05. However, Pirman emphasized that habeas corpus will lie “notwithstanding the fact that only nonjurisdictional issues are involved, but only where there is no adequate legal remedy, e.g., appeal or postconviction relief.”…
2Cases cited2 opinions
- Dapice v. StickrathOhio Supreme Court · 1988
- Lessin v. McFaulOhio Supreme Court · 1992
3Cited by2 opinions
- Brown v. RogersOhio Supreme Court · 1995
- Schneider v. ClipperOhio Supreme Court · 2011