Scott v. Montgomery Cty. Sheriff

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[Cite as Scott v. Montgomery Cty. Sheriff, 2006-Ohio-4287.] IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY MYLES I. SCOTT Petitioner v. MONTGOMERY COUNTY SHERIFF Respondent : : : : : : : : Appellate Case No. 21703 DECISION AND FINAL JUDGMENT ENTRY August 11 , 2006 PER CURIAM: {¶ 1} Petitioner, Myles Scott, filed a petition for a writ of habeas corpus and motion to expedite on July 18, 2006. We granted Petitioner s motion to expedite on July 21, 2006. On July 31, 2006, Respondent, the Montgomery County Sheriff, filed a motion to dismiss the petition as defective. Petitioner filed a memorandum contra to Respondent s motion to dismiss on August 8, 2006. {¶ 2} Petitioner is presently being held in the Montgomery County Jail and is subject to bail in the amount of $250,000 in Montgomery County Case No. 06-CR-718/2 and bail in the amount of $25,000 in Montgomery County Case No. 06-CR-2371/4. Petitioner asserts that his $250,000 bail in Case No. 06-CR-718/2 is excessive. {¶ 3} Habeas corpus is the appropriate remedy when raising claims of excessive bail in pretrial-release cases. Chari v. Vore (2001), 91 Ohio St.3d 323, 325, 2001-Ohio49. However, if the petition for a writ of habeas corpus does not satisfy the mandatory requirements of R.C. 2725.04 it must be dismissed. Id. at 327. R.C. 2725.04(D) requires, in part, that the petition contain a copy of the commitment or cause of detention . . . . {¶ 4} Respondent asserts that the petition for habeas corpus is defective, and should be dismissed, because it fails to attach all of the documents which commit the Petitioner to Respondent s custody. We agree. {¶ 5} Although the Petitioner attached to his petition the order in Case No. 06CR-718/2 which set bail at $250,000, he failed to attach the order in Case No. 06-CR2371/4 which set bail at $25,000. The purpose of a writ of habeas corpus is to inquire into the cause of [ ] imprisonment, restraint, or deprivation. R.C. 2725.01. In this case, the cause of Petitioner s imprisonment is both the bail order in Case No. 06-CR-718/2 and the bail order in 06-CR-2371/4. Therefore, we conclude that Petitioner s failure to attach all orders which are the cause of [his] detention render his petition for a writ of habeas corpus defective. {¶ 6} Accordingly, the Respondent s motion to dismiss is GRANTED, and the petition for a writ of habeas corpus is DISMISSED. SO ORDERED. ______________________________________ THOMAS J. GRADY, Presiding Judge JAMES A. BROGAN, Judge WILLIAM H. WOLFF, JR., Judge Copies to: Carley J. Ingram Montgomery Co. Pros. Appellate Division P O Box 972 Dayton, OH 45422 Herbert Creech 200 Jamestown Circle, Apt. F Dayton, OH 45458 CJ3/jer Herbert Creech 200 Jamestown Circle, Apt. F Dayton, OH 45458 [Cite as Scott v. Montgomery Cty. Sheriff, 2006-Ohio-4287.]

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