History
  • No items yet
midpage
Davenport v. Tehan
24 Ohio St. 2d 91
Ohio
1970
Check Treatment
Per Curiam.

This is an action in habeas corpus originating in this court. Petitioner contends that he is being held under excessive bail. He was originally being held on two charges: aiding and abetting in the shooting of a police officer on August 23, 1970, and for shooting with intent to kill on September 1, 1970, when the police attempted to arrest him. The court set bail of $25,000 on each charge. Petitioner has been denied relief in habeas corpus both in the Court of Common Pleas and the federal District Court on the same question.

The amount of bail in any given case is basically within the sound discretion of the trial court. Colavecchio v. McGettrick, Sheriff (1965), 2 Ohio St. 2d 290; Coleman v. McGettrick, Sheriff (1965), 2 Ohio St. 2d 177; Bland v. Holden (1970), 21 Ohio St. 2d 238.

There are no facts alleged in the instant case which indicate in any way that the bail is excessive, or that the trial judge has abused his discretion.

Petitioner remanded to custody.

O’Neill, C. J., Herbert, Duncan, Corrigan, Stern and Leach, JJ., concur. Schneider, J., concurs in judgment only.

Case Details

Case Name: Davenport v. Tehan
Court Name: Ohio Supreme Court
Date Published: Nov 25, 1970
Citation: 24 Ohio St. 2d 91
Docket Number: No. 70-610
Court Abbreviation: Ohio
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.