JOHN L. TURNER, JR. v. JUDGE JOHN D. SUTULA, ET AL.
No. 102190
Court of Appeals of Ohio, EIGHTH APPELLATE DISTRICT, COUNTY OF CUYAHOGA
December 23, 2014
[Cite as Turner v. Sutula, 2014-Ohio-5696.]
JOURNAL ENTRY AND OPINION; Writ of Habeas Corpus; Motion No. 480397; Order No. 481221
John L. Turner, pro se
P. O. Box 5600
Cleveland, Ohio 44101
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
9th Floor Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
{¶1} On November 12, 2014, the petitioner, John L. Turner, Jr., pro se, commenced this hаbeas corpus action against the respondents, Judge John D. Sutula, Cuyahoga County Prosecutor Timothy McGinty, and Sheriff Frank Bova, to comрel the respondents to reinstate his $25,000 bond in the underlying case, State v. Turner, Cuyahoga C.P. No. CR-13-576006-A or to order his release.1 Turner claims that he is being held unlawfully without bail in the Cuyahoga County jail. On November 21, 2014, the rеspondent moved for summary judgment on the grounds of pleading deficiencies and adequate remedy at law. Pursuant to
{¶2} In the underlying case in July 2013, the grand jury indicted Turner for multiple counts of theft, grand theft, breaking and entering, and criminal damaging. The trial court set bond at $25,000, and Turner posted thаt amount on August 1, 2013. On March 12, 2014, the Ohio Adult Parole Authority placed a hold on Turner and took him to the Lorain Correctional Institution for a postrelease control violation hearing, at which he was found to be a violator and sentenced to 200 days. Consequently, he missed his April 8, 2014 aрpearance in the underlying case, and the trial judge revoked his bond. When Turner finished his sentence in late October 2014, he moved the trial judgе to reinstate his bond. The trial judge has yet to rule on that
{¶3} The principles governing habeas corpus in these matters are well established. Under both the United States and Ohio Constitutions, “excessive bail shаll not be required.” If the offense is bailable, the right to reasonable bail is an inviolable one that may not be infringed or denied. In re Gentry, 7 Ohio App.3d 143, 454 N.E.2d 987 (6th Dist.1982) and Lewis v. Telb, 26 Ohio App.3d 11, 497 N.E.2d 1376 (6th Dist.1985). The purpose of bail is to secure the attendance of the accused at trial. Bland v. Holden, 21 Ohio St. 2d 238, 257 N.E.2d 238 (1970).
{¶4} In Ohio, the writ of habeas corpus protects the right to reasonable bail. In re Gentry. A person charged with the commission of a bailable offense cannot be required to furnish bail in an excessive оr unreasonable amount. In re Lonardo, 86 Ohio App. 289, 89 N.E.2d 502 (8th Dist.1949). Indeed, bail set at an unreasonable amount violates the constitutional guarantees. Stack v. Boyle, 342 U.S. 1, 72 S.Ct.1, 96 L.Ed. 3 (1951). As the Supreme Court stated in Stack, “This traditional right to freedom before conviction permits the unhampered preparation of a defense, and serves to prevent the infliction of punishment prior to conviction. Unless this right to bail before trial is preserved, the presumption of innocence, secured only аfter centuries of struggle, would lose its meaning.” 342 U.S. at 4-5.
{¶5} The respondent does not contest Turner’s habeas petition on the merits, but rather seeks to defeat it on procedural technicalities. The sheriff argues that Turner has an adequate remedy at law precluding habeas rеlief through appeal pursuant to
{¶6} However, the respondents have not established that
{¶7} The law burdens a habeas petitioner with several pleading prerequisites.
{¶8} Turner filed with his petition (1) a
{¶9} The sheriff argues that thesе filings are insufficient. The petition itself is not verified. He does not show the cause of his detention. The cashier’s statement covers only thrеe months instead of the required six, and the prior lawsuit affidavit omits that case numbers, the parties, and the outcome of the cases.
{¶10} These arguments elevate form over substance. The
{¶11} Accordingly, this court denies the motion for summary judgment. This court issues the writ of habeas corpus and grants relief аs follows: In State v. Turner, Cuyahoga C.P. No. CR-13-576006-A, the trial court shall set bond forthwith at a hearing with all parties present. Respondent to pay costs. This court dirеcts the clerk of courts to serve all parties notice of this judgment and its date of entry upon the journal as required by
{¶12} Petition granted and relief ordered.
PATRICIA ANN BLACKMON, JUDGE
FRANK D. CELEBREZZE, JR., P.J., and EILEEN T. GALLAGHER, J., CONCUR