Ohio Law

News and Announcements from the Supreme Court of Ohio and Other Governmental Entities Within the Buckeye State.

Monday, December 05, 2005

12/5/2005 - Supreme Court of Ohio Case Announcements

MOTION AND PROCEDURAL RULINGS

2005-2258. Hernandez v. Kelly.
In Habeas Corpus. This cause originated in this court on the filing of a
petition for a writ of habeas corpus and was considered in a manner
prescribed by law. Upon consideration thereof,
IT IS ORDERED by the court, sua sponte, that 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.
IT IS FURTHER ORDERED that respondent shall file a return of writ
within fifteen days of service of the petition, and petitioner may file
a response within five days after the return is filed. Petitioner's physical
presence before the court is not required.

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