Herbert v. Abdalla
2017 Ohio 4121
| Ohio Ct. App. | 2017Background
- Herbert was indicted for fifth-degree felony heroin trafficking (Oct. 2016), pleaded not guilty, and remained free on personal recognizance bond.
- He missed multiple court-ordered obligations: failed to appear at a pretrial, later missed a change-of-plea/sentencing hearing, and failed to report for a pre-sentence/EOCC evaluation. A warrant issued and was later recalled; after further noncompliance a new warrant issued.
- On March 20, 2017 Herbert was ordered taken into custody; a bond hearing on March 27 set bail at $500,000 plus house arrest.
- Herbert filed a habeas corpus application arguing the $500,000 bail was unreasonable and excessive; respondent (the sheriff) moved to dismiss, arguing bail was proper under Crim.R. 46 factors.
- Herbert offered only conclusory allegations challenging the court’s reasoning and did not present evidence overcoming the presumption of regularity from the trial court’s bail decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether $500,000 bail is excessive in violation of Ohio Constitution | Herbert: bail is unreasonable and excessive; trial court relied on unrelated speculation | Respondent: bail is supported by Crim.R. 46 factors (video ID, failures to appear, criminal history, flight risk, bond violation) | Dismissed — Herbert failed to rebut presumption of regularity; no particularized facts of extraordinary circumstances |
| Whether petitioner met burden in habeas to state particularized extraordinary circumstances | Herbert: made broad conclusory allegations | Respondent: argues lack of factual showing; court stressed petitioner must plead particularity | Held: Petitioner failed to state with particularity; unsupported conclusions insufficient |
Key Cases Cited
- Jenkins v. Billy, 43 Ohio St.3d 84 (purpose of bail is to secure attendance at trial)
- Howard v. Catholic Social Serv. of Cuyahoga Cty., Inc., 70 Ohio St.3d 141 (habeas corpus is an extraordinary remedy)
- Chari v. Vore, 91 Ohio St.3d 323 (petitioner bears burden in excessive-bail habeas and must overcome presumption of regularity)