State ex rel. Smirnoff v. Greene

Judge Greene asserts in her sole proposition of law that the court of appeals erred in granting the writ of habeas corpus when Smirnoff was neither confined nor restrained of his liberty by the challenged bail condition preventing him from prescribing and administering dangerous drugs. For the reasons that follow, we find Judge Greene’s contention to have merit and reverse the judgment of the court of appeals.

First, habeas corpus in Ohio is generally appropriate in the criminal context only if the petitioner is entitled to immediate release from prison or some other type of physical…