Opinion
2021-1146
09-24-2021
SIMMONS v. BLACK
CASE ANNOUNCEMENTS
MERIT DECISIONS WITHOUT OPINIONS
In Habeas Corpus. Sua sponte, writ allowed. Allowing the writ means only that a return is ordered. See Reed v. Kinkela , 84 Ohio St.3d 1427, 702 N.E.2d 903 (1998) ; 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 the date of service of the petition, and petitioner may file a response within 10 days after the return is filed. Petitioner's physical presence before the court is not required.
DeWine, J., dissents and would dismiss the petition.