2022 Ohio 3411
Ohio Ct. App.2022Background:
- Marcus Murray was charged with two second-degree felonies (felonious assault; improper discharge of a firearm into a habitation); bond was set at $100,000 (10%) and posted in November 2019.
- The case was set for trial November 16, 2021; the trial court revoked Murray’s bond at that time, Murray attempted to flee the courtroom, was held in contempt, and received a six‑month jail sentence.
- Murray’s family’s 10% bond payment remained on deposit; after completing the contempt sentence, defense moved in May 2022 to reinstate/set bond and requested a hearing under R.C. 2937.222.
- At the May 9, 2022 hearing the prosecutor did not present evidence in the form required by R.C. 2937.222(A); the court took the matter under advisement and denied the motion two days later by a generic entry.
- Murray appealed, arguing the denial of bail was governed by R.C. 2937.222 and that the court failed to follow the statute’s required procedures and burden of proof.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the May 2022 denial of a motion to reinstate bond is a final, appealable order under R.C. 2937.222(D)(1) | R.C. 2937.222(D)(1) applied to the November 2021 revocation; Murray failed to timely appeal that order and relief would lie via habeas | Denying reinstatement of bond is a denial of bail under R.C. 2937.222 and is therefore a final, appealable order | Court held the May 2022 order was a final, appealable order under R.C. 2937.222(D)(1) and exercised jurisdiction |
| Whether the trial court complied with R.C. 2937.222’s procedural and evidentiary requirements before denying bail | State did not contest the merits below or on appeal | Murray argued the court denied bail without requiring the prosecutor to prove by clear and convincing evidence the elements in R.C. 2937.222(A)-(C) | Court held the trial court erred: it failed to follow R.C. 2937.222 procedures and remanded for proceedings consistent with the statute |
Key Cases Cited
- State v. Bevacqua, 67 N.E.2d 786 (Ohio 1946) (pretrial orders made prior to or during trial are ordinarily not final)
- Smith v. Leis, 835 N.E.2d 5 (Ohio 2005) (Ohio Constitutional amendment expanded when bail may be denied and required legislative standards)
- Chari v. Vore, 744 N.E.2d 763 (Ohio 2001) (habeas corpus relief for excessive bail is limited where an adequate legal remedy exists)
- In re Mason, 688 N.E.2d 552 (Ohio App. 1996) (trial court traditionally has inherent power to revoke bond)
- State ex rel. Wesley v. Cuyahoga Cty. Court of Common Pleas, 180 N.E.3d 1120 (Ohio 2021) (habeas appropriate in certain non-R.C.2937.222 bail challenges)
Outcome: Judgment reversed and remanded for further proceedings and a bail hearing that complies with R.C. 2937.222.