Schneider v. Clipper
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Schneider v. Clipper, Slip Opinion No. 2011-Ohio-6.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2011-OHIO-6 SCHNEIDER, APPELLANT, v. CLIPPER, WARDEN, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Schneider v. Clipper, Slip Opinion No. 2011-Ohio-6.] A habeas corpus petition is premature when the petitioner has an adequate remedy in the ordinary course of law by application for postconviction release on bail. (No. 2010-1544 Submitted January 4, 2011 Decided January 11, 2011.) APPEAL from the Court of Appeals for Cuyahoga County, No. 95208, 2010-Ohio-3427. __________________ Per Curiam. {¶ 1} We affirm the judgment of the court of appeals denying the petition of appellant, Joanne Schneider, for a writ of habeas corpus to compel her release from confinement on postconviction bail. Although habeas corpus is the proper vehicle to challenge excessive bail or refusal to set bail after a judgment of conviction, State ex rel. Pirman v. Money (1994), 69 Ohio St.3d 591, 594, 635 N.E.2d 26, a habeas corpus petition is premature when the petitioner has an SUPREME COURT OF OHIO adequate remedy in the ordinary course of law by application for postconviction release on bail in the trial court or the court of appeals, see Brown v. Rogers (1995), 71 Ohio St.3d 570, 571, 645 N.E.2d 1241; App.R. 8(B). When the court of appeals ruled on her habeas corpus petition, Schneider had motions pending in the trial court for the reinstatement and continuation of bond pending appeal. The court of appeals correctly denied the writ of habeas corpus because it was premature. See Brown, 71 Ohio St.3d at 571, 645 N.E.2d 1241. Like other extraordinary-writ actions, habeas corpus is not available when there is an adequate remedy in the ordinary course of law. Brown v. Bradshaw, 126 Ohio St.3d 265, 2010-Ohio-3758, 933 N.E.2d 259, ¶ 1, quoting In re Complaint for Writ of Habeas Corpus for Goeller, 103 Ohio St.3d 427, 2004-Ohio-5579, 816 N.E.2d 594, ¶ 6. Judgment affirmed. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. __________________ Paul Mancino Jr., for appellant. R. Michael DeWine, Attorney General, and Diane Mallory, Assistant Attorney General, for appellee. ______________________ 2
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