Baxter v. Patton
Annotate this Case
Download PDF
[Cite as Baxter v. Patton, 2003-Ohio-1995.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT ERIE COUNTY In re: Edward J. Baxter Court of Appeals No. E-03-014 Petitioner v. John Patton and James Gutierrez Respondents DECISION AND JUDGMENT ENTRY Decided: April 11, 2003 ***** Edward J. Baxter, pro se. ***** KNEPPER, J. {¶1} This matter is before the court on the petition of Edward J. Baxter for a writ of habeas corpus. {¶2} Petitioner, who was released on bond on June 7, 2002, following his indictment on 81 counts of extortion, intimidation and falsification, asserts that being under indictment is causing him to be "illegally restrained." He argues that respondents Judge Patton and Huron County Special Prosecutor Gutierrez are depriving him of his liberties by forcing him to respond to "sham legal proceedings" and "post bond to secure his liberty." {¶3} R.C. 2725.01 states as follows: {¶4} "Whoever is unlawfully restrained of his liberty, or entitled to the custody of another, of which custody such person is unlawfully deprived, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment, restraint or deprivation." {¶5} Habeas corpus is not available to challenge either the validity or sufficiency of an indictment. Luna v. Russell (1994), 70 Ohio St.3d 561. Further, petitioner is not presently incarcerated and has not shown how he is otherwise "restrained of his liberty" at this time. {¶6} Upon consideration whereof, petitioner's petition for writ of habeas corpus is denied. Costs assessed to petitioner. PETITION DENIED. Peter M. Handwork, P.J. _______________________________ JUDGE Richard W. Knepper, J. Judith Ann Lanzinger, J. CONCUR. _______________________________ JUDGE _______________________________ JUDGE 2.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
