Opinion

Schneider v. Clipper

  • 128 Ohio St. 3d 299
  • 2011 Ohio 6
Court
Ohio Supreme Court
Filed
Jan 11, 2011
Status
Published
On the bench
O'Connor, Pfeifer, Stratton, O'Donnell, Lanzinger, Cupp, Brown
Cited by
0 cases
Authority
More cited than 32.1%

The opinion

[Cite as Schneider v. Clipper, 128 Ohio St.3d 299, 2011-Ohio-6.]

SCHNEIDER, APPELLANT, v. CLIPPER, WARDEN, APPELLEE.

[Cite as Schneider v. Clipper, 128 Ohio St.3d 299, 2011-Ohio-6.]

A habeas corpus petition is premature when the petitioner has an adequate

remedy in the ordinary course of law by application for postconviction

release on bail.

(No. 2010-1544 — Submitted January 4, 2011 — Decided January 11, 2011.)

APPEAL from the Court of Appeals for Cuyahoga County,

No. 95208, 2010-Ohio-3427.

__________________

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals denying the

petition of appellant, Joanne Schneider, for a writ of habeas corpus to compel her

release from confinement on postconviction bail. Although “habeas corpus is the

proper vehicle to challenge excessive bail or refusal to set bail after a judgment of

conviction,” State ex rel. Pirman v. Money (1994), 69 Ohio St.3d 591, 594, 635

N.E.2d 26, a habeas corpus petition is premature when the petitioner has an

adequate remedy in the ordinary course of law by application for postconviction

release on bail in the trial court or the court of appeals, see Brown v. Rogers

(1995), 71 Ohio St.3d 570, 571, 645 N.E.2d 1241; App.R. 8(B). When the court

of appeals ruled on her habeas corpus petition, Schneider had motions pending in

the trial court for the reinstatement and continuation of bond pending appeal. The

court of appeals correctly denied the writ of habeas corpus because it was

premature. See Brown, 71 Ohio St.3d at 571. “ ‘Like other extraordinary-writ

actions, habeas corpus is not available when there is an adequate remedy in the

ordinary course of law.’ ” Brown v. Bradshaw, 126 Ohio St.3d 265, 2010-Ohio-

SUPREME COURT OF OHIO

3758, 933 N.E.2d 259, ¶ 1, quoting In re Complaint for Writ of Habeas Corpus

for Goeller, 103 Ohio St.3d 427, 2004-Ohio-5579, 816 N.E.2d 594, ¶ 6.

Judgment affirmed.

O’CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O’DONNELL,

LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.

__________________

Paul Mancino Jr., for appellant.

R. Michael DeWine, Attorney General, and Diane Mallory, Assistant

Attorney General, for appellee.

______________________

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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