In re Writ of Habeas Corpus Ad Testificandum for Colburn

In his motion to dismiss, respondent cites previous decisions of this court and R.C. 2725.051 to the effect that when a person alleged to be restrained of his liberty is restrained pursuant to the judgment or order of a court that had jurisdiction to make the judgment or order, then the writ of habeas corpus will not be allowed. The writ of habeas corpus ad testificandum does not inquire into the lawfulness of restraint; it merely addresses the discretion of the court to permit the person detained to appear as a witness. Cuckovich v. United States (C.A. 6, 1948), 170 F. 2d 89, certiorari…