Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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, 645 N.E.2d 1241. “ ‘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-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.
PER CURIAM.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 2010-1544.
Decided: January 11, 2011
Court: Supreme Court of Ohio.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)