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Davenport v. Tehan

Supreme Court of Ohio
Nov 25, 1970
24 Ohio St. 2d 91 (Ohio 1970)

Opinion

No. 70-610

Decided November 25, 1970.

Habeas corpus — Petitioner held under bail alleged to be excessive — Amount of bail within court's discretion — Facts considered in determining bail — Writ denied.

IN HABEAS CORPUS.

Mr. Ronald C. Morgan, for petitioner.

Mr. William C. McClain, city solicitor, Mr. Ralph E. Cors and Mr. William P. Whalen, for respondent.


This is an action in habeas corpus originating in this court. Petitioner contends that he is being held under excessive bail. He was originally being held on two charges: aiding and abetting in the shooting of a police officer on August 23, 1970, and for shooting with intent to kill on September 1, 1970, when the police attempted to arrest him. The court set bail of $25,000 on each charge. Petitioner has been denied relief in habeas corpus both in the Court of Common Pleas and the federal District Court on the same question.

The amount of bail in any given case is basically within the sound discretion of the trial court. Colavecchio v. McGettrick, Sheriff (1965), 2 Ohio St.2d 290; Coleman v. McGettrick, Sheriff (1965), 2 Ohio St.2d 177; Bland v. Holden (1970), 21 Ohio St.2d 238.

There are no facts alleged in the instant case which indicate in any way that the bail is excessive, or that the trial judge has abused his discretion.

Petitioner remanded to custody.

O'NEILL, C.J., HERBERT, DUNCAN, CORRIGAN, STERN and LEACH, JJ., concur.

SCHNEIDER, J., concurs in judgment only.


Summaries of

Davenport v. Tehan

Supreme Court of Ohio
Nov 25, 1970
24 Ohio St. 2d 91 (Ohio 1970)
Case details for

Davenport v. Tehan

Case Details

Full title:DAVENPORT v. TEHAN, SHERIFF

Court:Supreme Court of Ohio

Date published: Nov 25, 1970

Citations

24 Ohio St. 2d 91 (Ohio 1970)
264 N.E.2d 642

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It is well established that habeas corpus is the proper remedy to raise the claim of excessive bail. State v.…

Utley v. Kohl

" While the initial amount of bail set is a matter within the sound discretion of the trial court, Davenport…