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Locke v. Jenkins

253 N.E.2d 757, 20 Ohio St. 2d 45, 49 Ohio Op. 2d 304, 1969 Ohio LEXIS 421
CourtOhio Supreme Court
DecidedNovember 20, 1969
DocketNo. 69-725
StatusPublished
Cited by11 cases

This text of 253 N.E.2d 757 (Locke v. Jenkins) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Locke v. Jenkins, 253 N.E.2d 757, 20 Ohio St. 2d 45, 49 Ohio Op. 2d 304, 1969 Ohio LEXIS 421 (Ohio 1969).

Opinion

Per Curiam.

In this action, petitioner seeks his release by the writ of habeas corpus and an order requiring the Municipal Court judge to set bail in a reasonable amount.

Section 9, Article I of the Ohio Constitution reads as follows:

“All persons shall be bailable by sufficient sureties, except for capital offenses where the proof is evident, or the presumption great. Excessive bail shall not be re[46]*46quired; nor excessive fines imposed; nor cruel and unusual punishments inflicted.”

The right to hail under that section is absolute, the only, exception being for capital offenses. There is no discretion in the trial court in such matters. State v. Bevacqua, 147 Ohio St. 20, 22; 8 Corpus Juris Secundum 7, Bail, Section 35.

The writs are allowed and the judge is ordered to set bail in an amount which is reasonable in relation to the facts and circumstances of these cases.

Writs allowed.

Tart, C. J., Matthias, O’Neill, Schneider, Herbert, Duncan and Corrigan, JJ., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
253 N.E.2d 757, 20 Ohio St. 2d 45, 49 Ohio Op. 2d 304, 1969 Ohio LEXIS 421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/locke-v-jenkins-ohio-1969.