Opinion
No. 2008-2382.
January 28, 2009.
In Habeas Corpus.
MOTION AND PROCEDURAL RULINGS.
On petition for writ of habeas corpus of Michael McGhee.
Sua sponte, the writ is allowed. Allowing the writ means only that a return is ordered. See Reed v. Kinkela (1998), 84 Ohio St.3d 1427, 702 N.E.2d 903; Hernandez v. Kelly, 107 Ohio St.3d 1430, 2005-Ohio-6400, 838 N.E.2d 670.
Respondent shall file a return of writ within 21 days of service of the petition and petitioner may file a response within ten days after the return is filed. Petitioner's physical presence before the court will not be required.
LUNDBERG STRATTON, J., dissents and would deny the writ.