Pruitt v. Cook

Ohio Supreme Court

Pruitt v. Cook

986 N.E.2d 28, 135 Ohio St. 3d 1411

CourtOhio Supreme Court

DecidedApril 24, 2013

Docket2013-0341

StatusPublished

This text of 986 N.E.2d 28 (Pruitt v. Cook) 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

Pruitt v. Cook, 986 N.E.2d 28, 135 Ohio St. 3d 1411 (Ohio 2013).

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Opinion

In Habeas Corpus. On petition for writ of habeas corpus of Kenneth Pruitt. Sua sponte, the writ is 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.

It is further ordered that respondent shall file a return of writ within 21 days 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.

O’Connor, C.J., and Pfeifer and Lanzinger, JJ., dissent and would deny the writ.

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In Habeas Corpus. On petition for writ of habeas corpus of Kenneth Pruitt. Sua sponte, the writ is 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.

It is further ordered that respondent shall file a return of writ within 21 days 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.

O’Connor, C.J., and Pfeifer and Lanzinger, JJ., dissent and would deny the writ.

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Bluebook (online)

986 N.E.2d 28, 135 Ohio St. 3d 1411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pruitt-v-cook-ohio-2013.

Opinion

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