Opinion

State v. Fairbanks

  • 32 Ohio St. 2d 34
  • 61 Ohio Op. 2d 241
  • 289 N.E.2d 352
  • 1972 Ohio LEXIS 355
Court
Ohio Supreme Court
Filed
Nov 15, 1972
Status
Published
Author
Herbert
On the bench
Brown, Corrigan, Herbert, Leach, Neill, Schneider, Stern
Cited by
106 cases
Authority
More cited than 15.1%

clerk of courts allowed to issue felony arrest warrant (citing Shadwick v. City of Tampa, 407 U.S. 345, 350 (1972) (a municipal court clerk qualifies as “a neutral and detached judicial officer for purposes of issuing warrants for violations of municipal ordinances”

How later courts described this case

  • clerk of courts allowed to issue felony arrest warrant (citing Shadwick v. City of Tampa, 407 U.S. 345, 350 (1972) (a municipal court clerk qualifies as “a neutral and detached judicial officer for purposes of issuing warrants for violations of municipal ordinances”
  • failure to immediately inform of cause of arrest does not amount to denial of due process where person charged soon after taken into custody

Written by the judges who cited it.

The opinion

Herbert, J.,

concurring. State v. Cross (1971), 26 Ohio St. 2d 270 , 271 N. E. 2d 264 , decided subsequent to State v. Gray (1964), 1 Ohio St. 2d 21 , 203 N. E. 2d 319 , and State, ex rel. Hodges, v. Coller (1969), 19 Ohio St. 2d 164 , 249 N. E. 2d 885 , considered the operation of R. C. 2945.71. At page 273 in the Cross opinion it is carefully noted that ‘ ‘ [w] e are here concerned only with the case of an accused who was continuously detained in jail without trial for a period longer than two terms of court following the term in which his indictment was presented, and who was so detained solely by reason of such indictment.” (Emphasis added.)

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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