49 Ohio St. 3d 51
Ohio
1990

Lead Opinion

The motion to dismiss is sustained and the cause is dismissed.

Moyer, C.J., Sweeney, Holmes, Wright, H. Brown and Resnick, JJ., concur. Douglas, J., dissents.



Dissenting Opinion

Douglas, J.,

dissenting. I would not grant bail, but I dissent from the dismissal of this cause because habeas corpus is the proper remedy to establish, if appropriate, post-conviction bail. See, generally, In re DeFronzo (1977), 49 Ohio St. 2d 271, 3 O.O. 3d 408, 361 N.E. 2d 448. I would remand this cause to the court of appeals for a Crim. R. 46 bail determination.