Dunn v. Smith, 117 Ohio St. 3d 1438

Dunn v. Smith

117 Ohio St. 3d 1438

Ohio

2008

Check Treatment

In Habeas Corpus. On petition for writ of habeas corpus of Andrew Dunn.

Sua sponte, the writ is allowed. Allowing the writ means only that a return is ordered. See Reed v. Kinkela (1998), 84 Ohio St.3d 1427, 702 N.E.2d 903; Hernandez v. Kelly, 107 Ohio St.3d 1430, 2005-Ohio-6400, 838 N.E.2d 670.

Respondent shall file a return of writ within 21 days of service of the petition and petitioner may file a response within ten days after the return is filed. Petitioner’s physical presence before the court will not be required.

O’Connor and O’Donnell, JJ., dissent and would dismiss the cause.