Gallagher v. Johnson

The instant action in habeas corpus is presently before this court for final disposition of the sole claim in the petition. Upon reviewing the stipulated facts and the respective arguments of the parties, this court concludes that although petitioner, Richard Gallagher, is entitled to have his pretrial bail reduced in the underlying criminal action, he is not entitled to be released on a personal recognizance bond. Accordingly, we ultimately hold that petitioner is entitled to the issuance of a writ of habeas corpus only in part.

On August 28, 1998, petitioner initiated the instant action…