State v. Headley, 2008-T-0126 (1-30-2009)

MEMORANDUM OPINION

{¶ 1} This matter is before this court on appeal, filed November 26, 2008, from a judgment issued by the trial court on October 20, 2008. That judgment denied the motion for judicial release of appellant, Joseph Headley, without a hearing.

{¶ 2} On December 2, 2008, appellee, state of Ohio, filed a motion to dismiss the appeal. In the motion, appellee indicates that the appealed judgment is not a final appealable order and should be dismissed on that basis.

{¶ 3} No brief or memorandum in opposition to the motion to dismiss has been filed.

{¶ 4} It is well-settled that the…