Jurek v. McFaul

First, we decline to grant the motion to dismiss and, sum sponte, join as respondents the Ohio Department of Rehabilitation and Correction and such of its officers as would be necessary to grant the relief petitioner seeks should he prevail, and proceed to the merits of the case. See Barton v. Shupe (1988), 37 Ohio St. 3d 308, 525 N.E. 2d 812.

*43Petitioner alleges that the trial court and court of appeals denied bail unlawfully. We disagree.

App. R. 8(B) requires a defendant to first apply for postconviction bail in the trial court, and if denied there, permits application to the court of…